Dickson v. McCartney
Supreme Court of Pennsylvania
Appeal, No. 139, Oct. T., 1909, by defendant, from order of C. P. No. 4, Allegheny Co., Third Term, 1908, No. 818, discharging rule for judgment for want of a sufficient affidavit of defense in case of James W. Dickson, Sheriff, v. J. H. McCartney and A. O. McCartney. Assumpsit by an ex-sheriff to recover the amount of a bid at sheriff’s sale less amount secured on a resale.
Read the full summary
Appeal, No. 139, Oct. T., 1909, by defendant, from order of C. P. No. 4, Allegheny Co., Third Term, 1908, No. 818, discharging rule for judgment for want of a sufficient affidavit of defense in case of James W. Dickson, Sheriff, v. J. H. McCartney and A. O. McCartney. Assumpsit by an ex-sheriff to recover the amount of a bid at sheriff’s sale less amount secured on a resale. Before Cohen, J. From the record it appeared that the plaintiff during his office of sheriff sold at a sheriff’s sale certain land for the defendants for $1,850. It subsequently appeared that the defendant in the…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal by plaintiff from an order discharging a rule for judgment for want of a sufficient affidavit of defense. The action was assumpsit, and was brought in the name of James W. Dickson, sheriff, to recover from the defendants who were defaulting bidders at a sheriff’s sale, the difference between their bid and the amount realized at a subsequent sale of the property. The defendants question the right of a sheriff whose term of office has expired to maintain an action against a defaulting bidder, to recover the amount of his bid at a sale held by the…
2Cases cited7 opinions
- Adams v. AdamsSupreme Court of Pennsylvania · 1835
- Pepper v. DeakyneSupreme Court of Pennsylvania · 1905
- Hartman v. PembertonSuperior Court of Pennsylvania · 1904
- Wells v. VanDykeSupreme Court of Pennsylvania · 1884
- Emley v. DrumSupreme Court of Pennsylvania · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. Broad Street HospitalSupreme Court of Pennsylvania · 1946
- Herbert EstateSupreme Court of Pennsylvania · 1947
- Calhoun v. Commercial Credit Corp.Superior Court of Pennsylvania · 1942
- Tonge v. RadfordSuperior Court of Pennsylvania · 1931
- Kreps v. WebsterSupreme Court of Colorado · 1929
4 more not listed; retrieve them via the Exa API.