Ex parte Blumer
Supreme Court of Pennsylvania
Certiorari to the Court of Common Pleas of Lehigh county: Of January Term 1878, No. 155. This proceeding arose upon the petition of William II.
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Certiorari to the Court of Common Pleas of Lehigh county: Of January Term 1878, No. 155. This proceeding arose upon the petition of William II. Blumer, which set forth that he had been appointed guardian of Ida Oberly; that upon the settlement of his account it was found that there was due his ward the sum of $2315.16 ; that he was unable to pay the same, and that in consequence an attachment had.issued, under which petitioner was held in custody, and praying that he might be discharged under the Insolvent Debtor’s Act. This petition was supplemented with a schedule of the. petitioner’s debts…
1Opinion of the CourtChief Justice Agnew
The court below erred in holding that the 17th section of the Insolvent Act of 16th June 1836, applies to this case, and prevented a discharge until the petitioner had suffered sixty days’ imprisonment. The refusal to discharge was right itsélf, the petitioner, as guardian, having illegally appropriated the funds of his ward to his own use. The 113th section of the pqnal code of March 31st 1860, 1 Brightly 348, pi. 166, declares, “ If any person being a trustee of any property for the benefit, either wholly or partially, of some other person, or for any public or charitable purpose, shall,…
2Cases cited1 opinion
- Blenon's EstateSupreme Court of Pennsylvania · 1843
3Cited by1 opinion
- Commonwealth v. KaufmanSuperior Court of Pennsylvania · 1899