Miles v. Richwine
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas of Cumberland county. The plaintiff in error was defendant below. The following case was stated for the opinion of the court, the facts therein set forth having been agreed to by the parties, and the same to be considered in the nature of a special verdict, reserving to either party the right to take a writ'of error.
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Writ of error to the Court of Common Pleas of Cumberland county. The plaintiff in error was defendant below. The following case was stated for the opinion of the court, the facts therein set forth having been agreed to by the parties, and the same to be considered in the nature of a special verdict, reserving to either party the right to take a writ'of error. On the 6th of June, 1823, Henry Richwine obtained-judgment on the docket of William Invine, Esq. a justice of the peace, against Richard Miles, for forty-six dollars and sixteen cents, and costs of suit, upon which judgment, on the 29th…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— It is settled, that an officer cannot apply an execution in his hands to the satisfaction of his own debt. In Codwise v. Field, 9 Johns. Rep. 263, the coroner having a Capias ad Satisfaciendum against the sheriff’, to whom he was indebted, gave him a receipt in full, and engaged to settle- the amount with the plaintiff, but failed to do so; and it was held, that this arrangement did not discharge the execution, actual payment alone being competent to produce that effect. So, in the Bank of Orange v. Wakeman, 1 Cowen, 46, where a…
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