Kauffman's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Clarion county: No. 179, to October and November Term 1871. In the distribution of the proceeds of the sheriff’s sale of the personal property of John P. Cook.
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Appeal from the decree of the Court of Common Pleas of Clarion county: No. 179, to October and November Term 1871. In the distribution of the proceeds of the sheriff’s sale of the personal property of John P. Cook. The records of the Court of Common Pleas of Clarion county, and the endorsements on the writs of execution showed that judgments had been entered against John P. Cook and executions issued on them as follows:— John R. Kron, $298.98. Entered May 8th 1871. Execution placed in sheriff’s hands same day at 6J o’clock, A. M. John R. Kron, $298.28. Entered May 8th 1871. Execution placed…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Williams, J.
However improper the act, the delivery of the declarations, confessions of judgment and praecipes for executions to the prothonotary at his residence on Sunday evening, did not affect or impair the validity of the judgments entered, and the executions issued in pursuance thereof the next morning. The prothonotary was not bound to receive the papers at his dwelling-house, and his acceptance of them there cannot be regarded as an official act. He did not receive them in his official capacity, but merely as the agent of the…
2Cited by6 opinions
- Jay Graffen Cass Graffen v. City of Philadelphia, Jay & Cass GraffenCourt of Appeals for the Third Circuit · 1992
- Cynkar v. KaczynskiSuperior Court of Pennsylvania · 1932
- Commonwealth v. SilvertNorthampton County Court of Quarter Sessions · 1925
- Keller v. Flinchbaugh, Pennsylvania Court of Common Pleas, York County1966
- New Castle v. Casacchia, Pennsylvania Court of Common Pleas, Lawrence County1946
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