Harris v. Sheldon

Citations

• 1 Monag. 188
• 16 A. 828
• 1889 Pa. LEXIS 1299

Syllabus

<p>Where the record, is regular and shows that a writ of ca. sa. was issued on ¡a judgment for trust money in the hands of a trustee, the refusal of the common pleas to set it aside is not a subject of review on a writ of error.</p> <p>No appeal lies from a judgment entered upon a report of a referee, under the Act of 1836, in a common law proceeding in account render.</p> <p>Where a trustee has been surcharged with the amount of a ground rent, which he purchased from himself for his cestui que trust, and a ca. sa. has been issued against him, the court should see that the title to the ground rent is Teconveyed to the trustee.</p> <p>It seems, that, under the facts of this case, the trustee was properly deprived -of commissions and the costs imposed upon him.</p> <p>An appeal and a writ of error were both taken in these proceedings. The appeal was quashed and the court allowed the specifications of error, filed ■with the appeal, to he transferred to the writ of error.</p>