Franklin Township ex rel. Norton v. Osler
Supreme Court of Pennsylvania
Certiorari to the Court of Common Pleas of Sullivan county: Of May Term 1879, No. 90. Appeal of John Utz, sheriff of Sullivan County, from an order of the Court of Common Pleas of said county, ordering him to pay into court the proceeds of the sale of the real estate of John Osier, which said sheriff had distributed.
Read the full summary
Certiorari to the Court of Common Pleas of Sullivan county: Of May Term 1879, No. 90. Appeal of John Utz, sheriff of Sullivan County, from an order of the Court of Common Pleas of said county, ordering him to pay into court the proceeds of the sale of the real estate of John Osier, which said sheriff had distributed. On May 27th 1878, W. T. Davies hela a judgment against Osier, entered in the Court of Common Pleas of Sullivan county, for $292.37, with interest from October 9th 1877, and costs. This judgment was a lien upon real estate of the value of $1500. Franklin township held a judgment,…
1Opinion of the CourtJustice Paxson
The question presented by this record was decided at the last term in the Middle District, in the case of the rule upon John S. Bastian, sheriff of Lycoming county (9 Norris 472). It was there held that a sheriff was not liable to an attachment as for a contempt in not paying into court the money made upon an execution levied upon real estate, where he had in good faith, after the return day, and without notice of any opposing claim, applied the money to the liens. That is precisely this case. The court below, however, held that the sheriff neglected his duty in not complying with the Act of…
2Cited by5 opinions
- Knoell v. CareySupreme Court of Pennsylvania · 1926
- Dowd v. CrowSupreme Court of Pennsylvania · 1903
- Summit Motor Co. v. Modern Tire Repair ShopSupreme Court of Pennsylvania · 1928
- Cunningham (To Use) v. AsherSuperior Court of Pennsylvania · 1935
- McCanna & Fraser Co. v. Continental Hotel Co.Supreme Court of Pennsylvania · 1916