Commonwealth v. Contner
Supreme Court of Pennsylvania
Error to the Common Pleas of Mifflin county. This was an action of debt, to August Term, 1850, in the name of The Commonwealth of Pennsylvania, for Ellis Irwin v. Davis McKean Contner, sheriff of Mifflin county, and his sureties, on his official recognisance.
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Error to the Common Pleas of Mifflin county. This was an action of debt, to August Term, 1850, in the name of The Commonwealth of Pennsylvania, for Ellis Irwin v. Davis McKean Contner, sheriff of Mifflin county, and his sureties, on his official recognisance. The breaches of the recognisance assigned in the declaration, were, 1. The neglect to sell the personal property of F. A. Whitaker, under a test. fi. fa. from the District Court, Philadelphia, issued at the suit of Irwin. 2. In withdrawing from the possession of the property levied on under Irwin’s writ, and improperly returning that he…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
— Irwin, upon whose suggestion this suit was brought, had an execution in the hands of the defendant, who was sheriff, against one Whitaker, and levied upon personal property, which he afterwards unlawfully gave up. When the cause was before us last year (6 Sarris 439), we decided that the plaintiff might recover as much as the sheriff could have made for him by a proper discharge of his duty. Whitaker owed his landlord rent, which should be deducted from the value of the property, in order to ascertain how much of the proceeds of the…
2Cases cited1 opinion
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