Rudy v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county. This was an action of debt by The Commonwealth of Pennsylvania, for the use of John B. Stevenson, against Samuel D. Rudy, sheriff of Montgomery county, upon the defendant’s official bond. On the 27th April 1857, G. R. Fox, Esq., as attorney for John B. Stevenson, issued an execution against Peter Koffel, on a judgment for $1101.22, and placed it in the sheriff’s hands for execution.
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Error to the Common Pleas of Montgomery county. This was an action of debt by The Commonwealth of Pennsylvania, for the use of John B. Stevenson, against Samuel D. Rudy, sheriff of Montgomery county, upon the defendant’s official bond. On the 27th April 1857, G. R. Fox, Esq., as attorney for John B. Stevenson, issued an execution against Peter Koffel, on a judgment for $1101.22, and placed it in the sheriff’s hands for execution. On the 2d May 1857, Mr. Fox, as attorney for Brock, Emery & Co., issued another execution against Koffel, on a judgment for $259.13, which had been confessed by the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The $240 could not have cometo the sheriff’s hands before he received the Stevenson execution, because that question, fairly submitted to the jury, was found for the plaintiff. Under the instructions of the judge, which are contained in the 3d, 4th, and 5th assignments of error, the question is, then, whether all that occurred amounted to a “ seizing and taking” of that sum in execution by the sheriff. If it did, he made a false return of Stevenson’s fi. fa., for he should have applied the money to that writ. There can be no doubt that when…
2Cited by2 opinions
- Sullivan v. TinkerSupreme Court of Pennsylvania · 1891
- Smith v. RappSuperior Court of Pennsylvania · 1919