Pierce v. Evans
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: No. 147, to July Term 1868. The proceeding in this case was a feigned issue to determine the right to money in court made by the sheriff under the circumstances hereafter stated. The issue was between Pierce & Neyhart and W. A. Green, plaintiffs, and S. H. Evans, assignee in bankruptcy of Timothy Hanley, defendant.
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Error to the Court of Common Pleas of Warren county: No. 147, to July Term 1868. The proceeding in this case was a feigned issue to determine the right to money in court made by the sheriff under the circumstances hereafter stated. The issue was between Pierce & Neyhart and W. A. Green, plaintiffs, and S. H. Evans, assignee in bankruptcy of Timothy Hanley, defendant. The order for the issue was made April 22d 1868. On the 9th of July 1867, Hanley gave a judgment-note for $900, payable on demand to Pierce & Neyhart for a previous indebtedness to Pierce of that amount. On the same day judgment…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Agnew, J.
It. seems to us there was no substantial error in the charge of the court in this case. The agreement of the 6th of August 1867 between Hanley and Pierce and Green certainly operated as an abandonment of the executions of Pierce & Neyhart and of Green. They were inconsistent and could not stand together. The goods were to be sold by the plaintiffs and not by the sheriff — it was to be by private and not public sale, and without the notice that the law requires. If anything is settled it is that sheriff’s sales must be public…
2Cases cited1 opinion
- Gibbs v. NeelySupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Dunham v. RundleSuperior Court of Pennsylvania · 1897
- Platt-Barber Co. v. GrovesSuperior Court of Pennsylvania · 1898