Dowd v. Crow
Supreme Court of Pennsylvania
Appeal, No. 86, Jan. T., 1903, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dee. T., 1897, No. 945, on verdict for defendant in case of Patrick Dowd v. Alexander Crow, Jr. Trespass for wrongful distribution of the proceeds of sheriff’s sale. Before McCarthy, J. The facts are stated in the opinion of the Supreme Court. At the trial binding instructions were given for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 86, Jan. T., 1903, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dee. T., 1897, No. 945, on verdict for defendant in case of Patrick Dowd v. Alexander Crow, Jr. Trespass for wrongful distribution of the proceeds of sheriff’s sale. Before McCarthy, J. The facts are stated in the opinion of the Supreme Court. At the trial binding instructions were given for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
This is a suit against the sheriff of Philadelphia county for damages which the appellant alleges he sustained by that officer’s wrongful distribution of the proceeds of the sale of certain real estate. His claim is that of a mechanic’s lien creditor, and he claims that his lien ought to have been paid out of the proceeds of the sheriff’s sale. The sheriff, in the absence of any notice to the contrary, made the distribution himself, as was his right, without paying the money into court; but he, of course, did so at his own risk : Franklin Township v. Osler, 91 Pa.…
2Cases cited2 opinions
- Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1878
- Franklin Township ex rel. Norton v. OslerSupreme Court of Pennsylvania · 1879
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- Brewer v. MeyersSuperior Court of Pennsylvania · 1917
- Kanofsky v. CareySuperior Court of Pennsylvania · 1926
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