Riley v. Ogden
Supreme Court of Pennsylvania
Appeal, No. 24, Jan. T., 1898, by-Frank Rickards, from order of C. P. No. 4, Phila. Co., Sept. T., 1894, No. 385, dismissing exceptions to auditor’s report. Exceptions to report of auditor.
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Appeal, No. 24, Jan. T., 1898, by-Frank Rickards, from order of C. P. No. 4, Phila. Co., Sept. T., 1894, No. 385, dismissing exceptions to auditor’s report. Exceptions to report of auditor. The facts appear by the report of the auditor, E. A. Anderson, Esq., which was as follows : On February 24, 1896, Edward W. Magill entered a judgment against William H. Clark in the court of common pleas No. 1, December term, 1895, No. 1,368, upon a judgment note dated February 23, 1896, for $1,314.50, payable on demand, with interest, and on the same day issued an execution under which the sheriff levied…
1Opinion of the Court
Per Curiam,
There appears to be no substantial error in the learned auditor’s findings of fact; and, upon the material facts thus established, the residue of the fund in court, after deducting costs and expenses, was rightly awarded to Magill, the original execution creditor. While the evidence may not warrant the conclusion that all the parties in interest actually requested the sheriff to sell the horses and pay into court the proceeds, for distribution, etc., it is very evident, from what occurred at the time of the sale that they knew this was to be done, and at least tacitly acquiesced…
2Cited by3 opinions
- In re SchaferDistrict Court, E.D. Pennsylvania · 1907
- Bixler v. KennedySuperior Court of Pennsylvania · 1916
- Commonwealth v. McNaughtSuperior Court of Pennsylvania · 1905