McCanna & Fraser Co. v. Continental Hotel Co.

Citations

• 252 Pa. 482
• 97 A. 700
• 1916 Pa. LEXIS 644

Syllabus

<p>Practice, G. P. — Sheriff’s sale — Proceeds—Payment into court— Proceedings — Necessary parties.</p> <p>1. Before a sheriff can he ordered to pay into court money realized from a sheriff’s sale, he has a right to be heard.</p> <p>2. An order discharging a rule to show cause why money realized from a sheriff’s sale should not be paid into court, will he affirmed if it does not.appear that the sheriff was served in any way with notice of the proceedings.</p> <p>3. While it rests in the discretion of the court to grant or refuse an order on a sheriff to pay into court the proceeds of an execution, the court’s action being reviewable a refusal should be accompanied by the reasons governing.</p>