Weir v. Hale
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. Benezer Hale, and other execution creditors of S. B. Hickcox & Co., against John A. Weir.
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ERROR to the Common Pleas of Dauphin county. Benezer Hale, and other execution creditors of S. B. Hickcox & Co., against John A. Weir. This was a feigned issue directed by the court to try the right to money raised on the sale of the personal property of Samuel B. Hickcox & Co. The plaintiffs, Benezer Hale, Josiah Elder & Co., William Reed and Henry M. Bayard, were respectively creditors of Samuel B. Hickcox & Co., and had each issued writs of fieri facias against them, before the sheriff sold their personal property. Each of the plaintiffs claimed to be paid out of the proceeds of the sale,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The personal property of the firm of Samuel B. Hickcox & Co. having been taken in execution and sold at the suits, respectively, of several judgment and execution creditors, a contest arose between them as to the appropriation of the money made by the sale. The court below, in order to settle the controversy, directed that a feigned issue should be joined, so that the facts might be passed on and decided by a jury. On the trial of the issue, after the giving of the evidence had been closed, the counsel of Reed and Bayard, a party to the…
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- Flick v. TroxsellSupreme Court of Pennsylvania · 1844
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