Hughes v. Miller
Supreme Court of Pennsylvania
Appeal, No. 62, Jan. T., 1898, by plaintiff, from judgment of C. P. Blair Co., June T., 1895, No. 174, on verdict for defendant non obstante veredicto. Assumpsit by sheriff to recover loss occasioned by resale of real estate.
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Appeal, No. 62, Jan. T., 1898, by plaintiff, from judgment of C. P. Blair Co., June T., 1895, No. 174, on verdict for defendant non obstante veredicto. Assumpsit by sheriff to recover loss occasioned by resale of real estate. At the trial it appeared that James Judg'e, a resident of the city of Altoona, Pa-, died June 1, 1886, intestate, seized of a house and lot in said city, and leaving to survive him a widow, Mrs. Alice Judge, and a daughter, Ella, who was then about seven years of age. Letters of administration on the estate were granted to David Koch, Esq., October 5, 1886. Under the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Stebbett,
The controlling question in this case is whether the plaintiff, as sheriff, was entitled to recover from the defendant the difference between tire price for which the house and lot was sold to him at the first sheriff’s sale and the sum realized by the second sale.
*379The property referred to was owned by James Judge, who in 1886 died seized thereof and intestate, leaving to survive him a widow, Alice Judge, and a minor daughter, then about seven years of age. The sheriff’s return to the writ on which the first sale was made was: “ September 28, 1898, real…
2Cases cited2 opinions
- Collins ex rel. Hill v. London Assurance Corp.Supreme Court of Pennsylvania · 1895
- Tindle's AppealSupreme Court of Pennsylvania · 1873
3Cited by3 opinions
- United States v. CapobiancoCourt of Appeals for the Third Circuit · 1988
- United States v. CapobiancoCourt of Appeals for the First Circuit · 1988
- Wolfson v. Gicas, Pennsylvania Court of Common Pleas, Schuylkill County1953