Borlin v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: Of October and November Term 1885, No. 55. This was, in the court below, a scire facias sur sheriff’s recognizance by the Commonwealth, at the instance of John Gilmore, against James Borlin, late sheriff of Westmoreland county, and his sureties, to recover damages resulting from the action of the said sheriff in staying certain writs of execution without plaintiff’s consent and after he had notice from plaintiff of a…
Read the full summary
Error to the Court of Common Pleas of Westmoreland county: Of October and November Term 1885, No. 55. This was, in the court below, a scire facias sur sheriff’s recognizance by the Commonwealth, at the instance of John Gilmore, against James Borlin, late sheriff of Westmoreland county, and his sureties, to recover damages resulting from the action of the said sheriff in staying certain writs of execution without plaintiff’s consent and after he had notice from plaintiff of a claim for rent out of the money that might be realized from the sale of the personal property upon these writs. ; On…
1Opinion of the CourtJustice Paxson
Complaint is made in the first specification of error .that the learned judge did not submit to the jury the question whethér Gilmore,- the landlord, had served a notice of his claim for rent upon the sheriff or his deputies.
As all the evidence in regard to the notice appears of record, it was not error in the court to pass upon its sufficiency. The court deemed it sufficient and gave a binding instruction. If *458there was prima facie evidence upon the record of the notice the instruction was right, as no evidence of any kind was offered by the defendant.
The record evidence consisted of the…
2Cited by1 opinion
- Timmes v. MetzSupreme Court of Pennsylvania · 1893