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4 Walk. 332

Staples' Appeal

Supreme Court of Pennsylvania

Decided February 16, 1885

Supreme Court of Pennsylvania · decided 1885-02-16

83 July Term, 1884. Executions were issued on judgments obtained against French and McKnight; and their personal property was sold by F. E. Staples, the Sheriff of Erie county, at auction for $3,521.53. A dispute having arisen as to who was entitled to • fund, the execution creditors ruled it into Court, and had an auditor appointed to distribute, who refused to allow the-sheriff any poundage, under the Act of June 12, 1878, P. Laws, 187.

Decided 1885-02-16

¶1The Supreme Court affirmed the decree of the Common IPleas on February 16th, 1885, in the following opinion :

Per Curiam.

¶2The Act of February 22,1821, P. Laws, 52, gave poundage ■to the sheriff for “levying on goods and selling the same.” The Act of June 12,1878, P. Laws, 187, allows it to the sheriff for “recovering and paying money to the plaintiff or his attorney,” and this last Act allows a poundage to the prothono-tary “for recovering and distributing money paid into Court.” ' The statute gives the compensation, to the officer on whom is imposed the risk of safely keeping the fund and 'making a due • distribution thereof. We therefor concur in the opinion of "the learned Judge in Terry vs. Gregg, 26 Pitts. L. J., 94, that it was not the intention of the Act to allow poundage to two ■ officials on the one fund.

¶3Decree affirmed and appeal dismissed at the costs of the appellant.

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