Legal Opinion

Commonwealth ex rel. United States v. Lewis

Supreme Court of Pennsylvania

Decided April 4, 1814PublishedCited by 17 opinions

HTMilS was an action of debt upon an administration bond, H . , , , , . , . , , . ■*' m which the defendant was surety for the- admimstrators of-Sharpe Delany.

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HTMilS was an action of debt upon an administration bond, H . , , , , . , . , , . ■*' m which the defendant was surety for the- admimstrators of-Sharpe Delany. The case was tried before Yeates J. at a Nisi Prius in December last, when an arrangement was , made to enter a verdict for the penalty of the bond, subject to an agreement, the only material part of which was, that ju<^8e sh°uld charge the jury whether the United States were entitled to priority by the act of 3d March 1797, under ^ac*s *n evidence, which-facts were to be stated by'the judge, and were to be considered as a special…

1Opinion of the Court

Tilghman C. J.

This action was brought on the bond to the Commonwealth for the due administration of the estate of Sharpe Uelany deceased, in which the defendant was security for the administrators. Sharpe Uelany was collector of the customs for the port of Philadelphia, and died largely indebted to the United States. His estate was unequal to the payment of his debts. The United States for whose use this action was brought, claim a priority in the administration of the assets, and whether they are entitled *270to such priority, is the principal point in dispute. There is a second question…

2Cases cited2 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. United States v. FisherSupreme Court of the United States · 1805

3Cited by17 opinions

  1. The People v. Farmers State BankIllinois Supreme Court · 1929
  2. Montgomery v. StateSupreme Court of Alabama · 1934
  3. United States v. WeisburnDistrict Court, E.D. Pennsylvania · 1943
  4. Low v. Cal. Pac. R.R.California Supreme Court · 1877
  5. Boyd v. GilchristSupreme Court of Alabama · 1849

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