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4 Walk. 185

Schwartz v. Kyner

Supreme Court of Pennsylvania

Decided October 2, 1882

Supreme Court of Pennsylvania · decided 1882-10-02

' Schwartz and Mansbach obtained a judgment against William Kunkle and John Reifsnider. Zern, Carr and John Reif•snider had a contract to enlarge the county jail. Schwartz and Mansbach issued an attachment execution upon their judgment against John Kyner et al. vs. County, Commissioners, garnishee. Upon the trial the Court reversed a question of law whether the attachment would lie. The verdict was for the plaintiffs-for $250.73.

Decided 1882-10-02

¶1The Supreme Court affirmed the judgment of the Common Pleas on October 2nd, 1882, in the following opinion:

Per Curiam.

¶2The point reserved — acquiesced in by the plaintiffs in error— necessarily presupposed that the money was paid to the defendants in their official capacity as Commissioners. If that fact had been in dispute, the defendants should have excepted to the reservation, and insisted that it should be submitted to the jury. A reservation can properly, be only on facts agreed to or found by the jury. It cannot be in doubt that if the defendants held the money as Commissioners of the county, it could not be levied on by an attachment execution.

¶3Judgment affirmed.

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