Dewoody v. Dewoody
Supreme Court of Pennsylvania
Appeal, No. 90, Oct. T., 1893, by Leonard L. Ray, sheriff, from order of C. P. Venango Co., Jan T., 1892, No. 38, in Perry Dewoody v. A. L. Dewoody, refusing to vacate an order directing the sheriff to pay money into court. Petition to vacate order directing sheriff to pay money into court. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 90, Oct. T., 1893, by Leonard L. Ray, sheriff, from order of C. P. Venango Co., Jan T., 1892, No. 38, in Perry Dewoody v. A. L. Dewoody, refusing to vacate an order directing the sheriff to pay money into court. Petition to vacate order directing sheriff to pay money into court. The facts appear by the opinion of the Supreme Court. Errors assigned were (1) in granting an absolute rule or peremptory order on the sheriff to pay into court $500 of the amount realized from sale of defendant’s real estate on the fi. fa. No. 38, Jan. T., 1892, on motion of A. W. Dewoody; (2) in refusing…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In January, 1892, A. L. Dewoody’s real estate was sold by appellant, then sheriff of Yenango county, on executions in favor, of Perry Dewoody and others, for eleven hundred and ten dollars. In September following,'the court, on motion of counsel for A. W. Dewoody, who claimed to be a co-defendant with ■said A. L. Dewoody in another judgment, made a peremptory order on appellant, as sheriff, etc., to pay into court $500 of the money realized by said sale. So far as appears, this was done without notice to him. Shortly afterwards, he presented his petition,…
2Cited by2 opinions
- McCanna & Fraser Co. v. Continental Hotel Co.Supreme Court of Pennsylvania · 1916
- Ben v. Schwartz, Pennsylvania Court of Common Pleas, Montgomery County1996