Commonwealth Ex Rel. Margiotti v. Cunningham

Dissenting Opinion by

Mr. Justice Barnes:

Despite the provisions of the several Acts of Assembly requiring sheriffs to refund the unexpended balances of moneys deposited with them in their official capacity, 1 and in the face of the unanimous decision of this Court in Trestrail, Admr. v. Johnson, 298 Pa. 388, 2 the appellants, as executors of the will of the late Sheriff Cunningham, have retained in their possession large sums of money to which their decedent had no right or title at the time of his death. I do not believe that they have a right to attack in this proceeding the…