Commonwealth v. Walter
Supreme Court of Pennsylvania
Error to the Court- of Common Pleas of Butler county: Of October and November Term 1881, No. 262. Debt on the official bond of George Walter, sheriff of Butler county, by the Commonwealtli, for use of the Oil City Savings Bank, against George Walter, sheriff, and Jacob Keck and others, sureties on the said bond.
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Error to the Court- of Common Pleas of Butler county: Of October and November Term 1881, No. 262. Debt on the official bond of George Walter, sheriff of Butler county, by the Commonwealtli, for use of the Oil City Savings Bank, against George Walter, sheriff, and Jacob Keck and others, sureties on the said bond. Upon the trial, before McJunkin, P. J., the jury, under the instructions of the court, found a special verdict, setting forth the following facts: — On July 10th 1877, sheriff Walter received a writ of testatum fi. fa., directed to him, issued- out of the Court of Common Pleas of…
1Opinion of the CourtJustice Sterrett
After the defendant Walter, as sheriff of Butler county, acknowledged and delivered his deed to the purchaser for the land sold on the testatum fieri facias, and received the purchase money therefor, he had an undoubted right to pay the same either into the proper court of his own county or into the court of common pleas of Venango county, whence the writ issued : Borlin’s Appeal, 28 P’g. L. J. 412. By so doing, he would have avoided all risk. It would then have been the duty of the court into which the money was paid, to distribute the same to the parties entitled thereto. In no other way…
2Cases cited1 opinion
- Luce v. SnivelySupreme Court of Pennsylvania · 1835
3Cited by3 opinions
- Knoell v. CareySupreme Court of Pennsylvania · 1926
- Commonwealth Ex Rel. Gill v. Smith & Massachusetts Bonding & InsuranceSuperior Court of Pennsylvania · 1929
- North Philadelphia Federal Saving & Loan Ass'n v. Thornton, Pennsylvania Court of Common Pleas, Philadelphia County1952