Commonwealth v. Contner
Supreme Court of Pennsylvania
Error to the Common Pleas of Mifflin county. This was an action in the name of the Commonwealth of Pennsylvania, at the suggestion of Ellis P. Irwin, against D. McKean Contner, sheriff of Mifflin county, and his sureties, upon his official recognisance. Ellis P. Irvin having obtained a judgment against Francis A. Whitaker in the District Court of Philadelphia, for $2160.85, a testatum writ of fieri facias was issued thereon to Mifflin county.
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Error to the Common Pleas of Mifflin county. This was an action in the name of the Commonwealth of Pennsylvania, at the suggestion of Ellis P. Irwin, against D. McKean Contner, sheriff of Mifflin county, and his sureties, upon his official recognisance. Ellis P. Irvin having obtained a judgment against Francis A. Whitaker in the District Court of Philadelphia, for $2160.85, a testatum writ of fieri facias was issued thereon to Mifflin county. The writ was delivered to sheriff Contner, and he wras requested to levy on a large amount of personal property at the Matilda Furnace, in the…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
This suit was brought by Irwin on the official bond of the sheriff of Mifflin county, against the sheriff and his sureties. It appeared, that a testatum, fieri facias, to the sheriff of Mifflin, had issued out of the District Court of Philadelphia, against Francis A. Whitaker, at the suit of Ellis P. Irwin, for $2160.85. By virtue of this writ the sheriff, on the 14th of June, 1849, levied on the personal goods of Whitaker. The goods thus levied were claimed by John F. Cottrell, as his property. Agreeably to the Act of 10th April, 1848…
2Cases cited2 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Flagler v. PleissSupreme Court of Pennsylvania · 1832
3Cited by5 opinions
- Dixon v. White Sewing M. Co., Pennsylvania Court of Common Pleas, Cumberland County1889
- McCrossan v. ReillySuperior Court of Pennsylvania · 1907
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
- In re Hymes Buggy & Implement Co.District Court, W.D. Missouri · 1904
- Reagan EstatePennsylvania Orphans' Court, Fayette County · 1950