Snyder County's Appeal

Decided October 31, 1861

Supreme Court of Pennsylvania · decided 1861-10-31

This was an appeal from the decree of the Court of Common Pleas of Snyder County, making distribution of the proceeds of sale of the real estate of Robert W. Kern. The facts of the case appear sufficiently from the opinion of the court below, as follows:— Graham, P. J. — In the matter of the distribution of the money arising out of the sale of the real estate of R. W. Kern, late treasurer of Snyder County, sold by the sheriff of said county.

Decided 1861-10-31

¶1Opinion by the court at Pittsburg,

Per curiam.

¶2The county auditors’ report found a balance due by the county treasurer, and it was duly filed and not appealed from. As against him, therefore, it amounts, at least prima facie, to a judgment for that balance. But it was not entered in the lien or judgment docket, and we think that the 'opinion of the learned president of the Common- Pleas sufficiently proves that it is not effectual as a judgment, as against subsequent lien creditors, whose liens are regularly docketed. Th¿ act of 3d April, 1843, Purd. 464, sec. 23, is intended to cure previous irregularities, and does not apply to this case.

¶3Appeal dismissed at the costs of the appellant.

Thompson, J., dissents.