Peck v. Whitaker
Supreme Court of Pennsylvania
Ebeob to the Court of Common Pleas of Luzerne county : Of January Term 1883, No. 57. This was an action of assumpsit by Aaron "Whitaker, late sheriff of Luzerne county, to recover of J. W. Peck the difference bet ween, the bid of said Peck, on a sale of the real estate of one Trine by said sheriff Whitaker (said Peck having failed to comply with his bid), and the amount the real estate sold for at a subsequent sale. Pleas, non-assumpsit, payment witlr leave, &c.
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Ebeob to the Court of Common Pleas of Luzerne county : Of January Term 1883, No. 57. This was an action of assumpsit by Aaron "Whitaker, late sheriff of Luzerne county, to recover of J. W. Peck the difference bet ween, the bid of said Peck, on a sale of the real estate of one Trine by said sheriff Whitaker (said Peck having failed to comply with his bid), and the amount the real estate sold for at a subsequent sale. Pleas, non-assumpsit, payment witlr leave, &c. Upon the trial, before Rice, P. J., the plaintiff offered in evidence the record of the suit of Thomas v. Trine, in which a writ of…
1Opinion of the Court
The opinion of the court was filed
Pee Cukiam.
It is trne a sheriff out of office cannot amend his return so as to defeat an action brought against him for damages. That rule does not apply to the facts in this case. Here the sheriff is merely the legal plaintiff in the action ; but it is solely for the benefit of the lien creditors entitled to the fund : Tindle’s Appeal, 27 P. F. Smith 201. The money, however, is not to be distributed on the trial of this cause. After the recovery is had, and due notice to all, claiming to share in the fund, a distribution will be made. They are not parties to…
2Cited by6 opinions
- Dickson v. McCartneySupreme Court of Pennsylvania · 1910
- Hartman v. PembertonSuperior Court of Pennsylvania · 1904
- Maloney v. SimpsonSupreme Court of Pennsylvania · 1910
- Corn v. Brigham, Pennsylvania Court of Common Pleas, Beaver County1946
- Martin v. Berwind-White Coal Min. Co.U.S. Circuit Court for the District of Pennsylvania · 1902
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