Snyder v. Kunkleman
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Union county. Upon a sale of the personal property of Daniel Kunkleman by the sheriff, the money was brought into court for appropriation, and was claimed by several. Henry W. Snyder claimed it in satisfaction of a debt greater in amount than the money made. John Snyder, Christian Hautz and Christian Baldy claimed it in satisfaction of several claims which each had.
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WRIT of error to the common pleas of Union county. Upon a sale of the personal property of Daniel Kunkleman by the sheriff, the money was brought into court for appropriation, and was claimed by several. Henry W. Snyder claimed it in satisfaction of a debt greater in amount than the money made. John Snyder, Christian Hautz and Christian Baldy claimed it in satisfaction of several claims which each had. The verdict and judgment excluded all the claims but John Snyder’s for 120 dollars, and Henry W. Snyder’s which took the balance of the money. The court directed the costs to be paid first out…
1Per curiam
A judgment on verdict in an issue, being a distinct though subordinate proceeding according to the course of the common law, is consistently directed to be subject to a writ of error; but the remedy for an error in a decision without the intervention of a jury, is directed to be by appeal. The judgment complained of here was rendered, not on the verdict, for that had been disposed of previously, but on the disposition to be made of a part of the fund and quoad hoc without the intervention of a jury; for it will not be pretended that the question of costs was a part of the issue. These not…
2Cited by1 opinion
- Black's AppealSupreme Court of Pennsylvania · 1884