Williams's Appeal
Supreme Court of Pennsylvania
From the Common Pleas of Westmoreland. On the 4th of October, a test, fieri facias from Allegheny county, against Gilmore & Hunt, was left with the sheriff by Haughey & Frew. On the 7th, Williams et al. issued z, fieri facias against the same defendants, which was left with the sheriff.
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From the Common Pleas of Westmoreland. On the 4th of October, a test, fieri facias from Allegheny county, against Gilmore & Hunt, was left with the sheriff by Haughey & Frew. On the 7th, Williams et al. issued z, fieri facias against the same defendants, which was left with the sheriff. He returned that he had levied on certain goods and applied part of the proceeds to prior executions, and had appropriated out of the proceeds a certain sum by goods sold to the execution' of Haughey & Frew; and that there remained a balance in his hands, which he had ready in court. On the 3d of December, the…
1Opinion of the CourtRogers, J.
Nothing in the law is surer than that a sheriff who undertakes of his own authority, merely, to distribute money levied under several executions before the return-day of the writs, does so at his own risk: Wortman v. Conyngham, 1 Pet. C. C. R. 243. The command of his writ .is, not to pay to the plaintiffs, but to bring the money into court on the return-day. I am aware that in practice the sheriff usually assumes the responsibility of disbursing the fund raised by execution, without the intervention of the court; and where there are no conflicting pretensions to it, it is very well. Perhaps…
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