Stewart v. Stocker
Supreme Court of Pennsylvania
ERROR to the common pleas of JLlleghany county. This was a feigned issue, directed by the common pleas to ascertain certain facts respecting the appropriation of the proceeds of the sale of the property of Bosler & Co., in which John C. Stocker was plaintiff, and Lazarus Stewart, sheriff, was defendant. The facts which gave rise to the questions decided are fully stated in the opinion of the court.
1Opinion of the Court
*136The opinion of the court was delivered by
Huston, J.
This was a feigned issue directed by the court below, and subsequently modified by direction of the court, and, as it would seem, with the consent of all parties. It happens sometimes that in certain proceedings before a court, on motion, or otherwise, certain facts are contested, and either no full evidence, or contradictory evidence is given. It is usual in such cases to form an issue, in order to ascertain the facts, and this mode is directed in some cases by act of assembly.
As the object is to ascertain some fact or facts, the issue is…
2Cases cited2 opinions
- Lyle v. DucombSupreme Court of Pennsylvania · 1813
- Stewart v. StockerSupreme Court of Pennsylvania · 1835
3Cited by12 opinions
- Turpie v. LoweIndiana Supreme Court · 1888
- Porter v. GreenSupreme Court of Iowa · 1857
- Taylor v. CorneliusSupreme Court of Pennsylvania · 1869
- Moroney's AppealSupreme Court of Pennsylvania · 1855
- Land Title & Trust Co. v. ShoemakerSupreme Court of Pennsylvania · 1917
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