Reigart's Appeal
Supreme Court of Pennsylvania
APPEAL from the decree of the Common Pleas of York county, in the appropriation of the proceeds of a sheriff’s sale of the real estate of Henry Y. Slaymaker. The facts appeared to be that the money being in court for appropriation on the 5th December 1843, a commissioner was .appointed to make the distribution. On the 8th January 1844, his report was presented to the court, and confirmed nisi. On the 5th February 1844, exceptions were filed to the report.
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APPEAL from the decree of the Common Pleas of York county, in the appropriation of the proceeds of a sheriff’s sale of the real estate of Henry Y. Slaymaker. The facts appeared to be that the money being in court for appropriation on the 5th December 1843, a commissioner was .appointed to make the distribution. On the 8th January 1844, his report was presented to the court, and confirmed nisi. On the 5th February 1844, exceptions were filed to the report. On the 21st March, two days after the argument had been heard on the exception to the report, and while the case was under advisement, a…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
In Bishell v. Rank, (5 Watts 140), it is held, that in the appropriation by the Court of Common Pleas of money made by the sale of real estate, the party in interest is entitled to an issue to try the facts, and that it is error to refuse it. The mandate to try an issue, when facts are in contest, is peremptory, as the suitor’s constitutional right of trial by jury cannof be infringed. And in Trimble’s Appeal, (6 Watts 133), where an inquiry respecting the proceeds of a sheriff’s sale, brought into court for appropriation, involved matter of…
2Cases cited2 opinions
- Trimble's AppealSupreme Court of Pennsylvania · 1837
- Bichel v. RankSupreme Court of Pennsylvania · 1836
3Cited by6 opinions
- Souder's AppealSupreme Court of Pennsylvania · 1868
- Dickerson & Haven's AppealSupreme Court of Pennsylvania · 1847
- Greene v. Tyler & Co.Supreme Court of Pennsylvania · 1861
- Overholt's AppealSupreme Court of Pennsylvania · 1849
- Dormer v. BrownSupreme Court of Pennsylvania · 1872
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