Commonwealth ex rel. Gurney's Exrs. v. Alexander
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common-Pleas of Centre county. In the court below, it was an action brought in the name of the commonwealth, for the use of the executors of Francis Gurney, against William Alexander, sheriff of the said county, and Philip Benner and Isaac M‘Kinny, his sureties, upon the official bond of the former, and the facts set out in the assignment of breaches were these: On the 6th of December, 1813, a judgment for three thousand and…
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IN ERROR. Writ of error to the Court of Common-Pleas of Centre county. In the court below, it was an action brought in the name of the commonwealth, for the use of the executors of Francis Gurney, against William Alexander, sheriff of the said county, and Philip Benner and Isaac M‘Kinny, his sureties, upon the official bond of the former, and the facts set out in the assignment of breaches were these: On the 6th of December, 1813, a judgment for three thousand and seventy-eight dollars was entered in the Common Pleas of Centre county, in favour of the executors of Francis Gurney, against…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
This is an action on a sheriff’s bond, and the breach assigned, is, that the sheriff, (William Alexander,)' having received a sum of money proceeding from the sale of the land of Samuel Maxwell, by virtue of an execution on a judgment obtained against the said Maxwell, by G. and H. Fahnes-tock, out of which money the executors of Francis Gurney had a right to receive the amount of a judgment obtained by the said Gurney in his lifetime against William Patton, the said sheriff refused to pay them, but appropriated all the money in his…
2Cases cited4 opinions
- Young v. TaylorSupreme Court of Pennsylvania · 1809
- Nichols v. PostlethwaiteSupreme Court of the United States · 1791
- Bank of North America v. FitzsimonsSupreme Court of Pennsylvania · 1811
- Semple v. Burd ex rel. WilkinsSupreme Court of Pennsylvania · 1821
3Cited by6 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Stiles v. BradfordSupreme Court of Pennsylvania · 1834
- Luce v. SnivelySupreme Court of Pennsylvania · 1835
- Milliken v. KendigSupreme Court of Pennsylvania · 1831
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