In re Wilson
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Washington county. Oct 30. The case was submitted to the court below on the following facts. On August 3d, 1842, and 28th of June, 1845, judgments were entered against Wilson. On the 25th of January, 1839, the defendant, who was a brigade inspector in the militia, settled his accounts in the office of the auditor-general, on which there was a balance due the state. No copy of the account had been transmitted to the prothonotary of the county.
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Appeal from the Common Pleas of Washington county. Oct 30. The case was submitted to the court below on the following facts. On August 3d, 1842, and 28th of June, 1845, judgments were entered against Wilson. On the 25th of January, 1839, the defendant, who was a brigade inspector in the militia, settled his accounts in the office of the auditor-general, on which there was a balance due the state. No copy of the account had been transmitted to the prothonotary of the county. On the 17th of October, 1845, the sureties of Wilson entered judgment on their bond of indemnity, and on the 5th of…
1Opinion of the CourtBurnside, J.
The real estate of William J. Wilson having been sold, the money arising from the sale was brought into court for distribution.
The counsel of the Commonwealth claimed out of the proceeds of sale the amount of a settlement made by Wilson as brigade inspector, on the 25th of January, 1839, of $202 93, by virtue of the twelfth section of the act of the 30th of March, 1811, 5 Smith’s Laws, 231, which provides, “that the amount or balance of every account, settled agreeably to this act, due to the Commonwealth, shall be deemed and adjudged to be a lien from the date of the settlement of such…
2Cases cited1 opinion
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
3Cited by8 opinions
- Schoyer v. Comet Oil & Refining Co.Supreme Court of Pennsylvania · 1925
- Ferguson's EstateSupreme Court of Pennsylvania · 1936
- Commonwealth v. Central Realty Co.Supreme Court of Pennsylvania · 1939
- Wm. Wilson & Son Silversmith Co.'s EstateSupreme Court of Pennsylvania · 1892
- Lewis v. Wyalusing Light, Heat & Power Co.Superior Court of Pennsylvania · 1916
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