Burgin & Sons Glass Co. v. McIntire

The questions in this case arise on a rule against the sheriff to distribute a fund in his hands realized from the sale of personal property under execution. By consent the questions were submitted to the judge, without the intervention of a jury. The claimants of the fund and the claims thereon were: (1) Burgin & Sons Glass Company, under a judgment dated February 7, 1908. On this judgment an execution had been issued, and the property of the defendant sold by the sheriff and the fund then in court for distribution realized. (2) Burgin & Sons Glass Co. claimed an attorney’s fee and costs for…