Irwin v. Workman
Supreme Court of Pennsylvania
ERROR to the common pleas of Jlllegliany county. This was an action of assumpsit brought by John H. Irwin, the plaintiff in error, to recover from Samuel Workman a sum of money in the hands of the latter as sheriff of Washington county.
Read the full summary
ERROR to the common pleas of Jlllegliany county. This was an action of assumpsit brought by John H. Irwin, the plaintiff in error, to recover from Samuel Workman a sum of money in the hands of the latter as sheriff of Washington county. The plaintiff gave in evidence the record of a judgment for 653 dollars 49 cents, in No. 175 of November term, in the common pleas of Washington county, in which the executors of Jane Addison were plaintiffs, and John Hoge’s administrators defendants, upon which judgment executions were issued, the real estate of John Hoge levied upon, sold, and the proceeds,…
1Opinion of the Court
*362The opinion of the Court was delivered by
Gibson, C. J. —
In Miles v. Richwine, 2 Rawle 199, a constable was not suffered to apply an execution in his hands to his own debt. It is certainly neither politic nor just, to put impediments in the way of execution creditors, or suffer an officer to obstruct them by a pretence of title to their moneys in his hands. An attorney has not a lien on money in the hands of another; and the transfer of a security for his fee, give's the sheriff no better right to retain it than he had before; for it is not to be endured that an executive agent of the law…
2Cases cited1 opinion
- Miles v. RichwineSupreme Court of Pennsylvania · 1828
3Cited by9 opinions
- Hawley v. SmithIndiana Supreme Court · 1873
- Stewart v. FlowersMississippi Supreme Court · 1870
- Blackstone v. ButtermoreSupreme Court of Pennsylvania · 1867
- Turtle Creek Bank & Trust Co. v. MurdockSuperior Court of Pennsylvania · 1942
- Coffman v. HamptonSupreme Court of Pennsylvania · 1841
4 more not listed; retrieve them via the Exa API.