Hopkins v. Forsyth
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by Hopkins v. Eorsyth as sheriff, to recover the plaintiff’s proportion of money, raised by a sale by defendant, of the interest of plaintiff in the steamboat Circassian, and which remained after payment of the execution, on which the sale was made.
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Error to the District Court of Allegheny county. This was an action of assumpsit by Hopkins v. Eorsyth as sheriff, to recover the plaintiff’s proportion of money, raised by a sale by defendant, of the interest of plaintiff in the steamboat Circassian, and which remained after payment of the execution, on which the sale was made. Oliphant, Duncan, Hopkins, Cox, Gilbert, Troth, Eeynolds, and Miller were owners of the steamboat, as tenants in common, having different interests in it. One Bennet recovered a judgment against Oliphant, Duncan, and Hopkins, for $454.20 and costs. The suit was…
1Opinion of the Court
The opinion of the court was delivered, by
Gibson, C. J.
— It is proper to begin with the exceptions of the defendant below, against whom judgment was rendered.
The averment of the sheriff that he had paid over the money in contest, was not a response to the writ, or, consequently, a legitimate part of the return; and it did not estop the plaintiff from showing the truth. Even had it actually been mispaid, the fact would not have been a defence. For a similar reason, the remedy was not by action for a false return.
The next point to be noticed has been properly abandoned* Doubtless an action on a…
2Cases cited1 opinion
- Chambers v. MillerSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- Laughner v. WallySupreme Court of Pennsylvania · 1920
- Glazer v. SanetSuperior Court of Pennsylvania · 1928
- Stebbins v. DukichSuperior Court of Pennsylvania · 1962
- Coleman Dining Car Co. v. Walsh, Pennsylvania Court of Common Pleas, Lackawanna County1943