Mantz v. Kistler
Supreme Court of Pennsylvania
Appeal, No. 401, Jan. T., 1907, by plaintiff, from decree of C. P. Schuylkill Co., Sept. T., 1907, No. 2, dissolving preliminary injunction in case of Francis K. Mantz v. Charles S. Kistler et al. Bill in equity for an injunction. Motion to continue preliminary injunction. Bechtel, P. J., stated the case to be as follows.
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Appeal, No. 401, Jan. T., 1907, by plaintiff, from decree of C. P. Schuylkill Co., Sept. T., 1907, No. 2, dissolving preliminary injunction in case of Francis K. Mantz v. Charles S. Kistler et al. Bill in equity for an injunction. Motion to continue preliminary injunction. Bechtel, P. J., stated the case to be as follows. David Lorah et al. recovered a judgment against Francis Mantz et al., to No. 318 September Term, 1895, on March 28, 1907, for $1,700. This judgment has since become the property of Charles S. Kistler, and an execution has been issued thereon. The sheriff, in attempting to…
1Opinion of the Court
Opinion bt
Mr. Chief Justice Mitchell,
The substantial fact on which this case turns is the identity of the complainant with the Francis Mantz who was a party defendant to the judgment sought to be enjoined. Presumably this is a question of fact for the decision of a jury. The practice, in Pennsylvania is to allow a creditor to sell any title alleged to be in the debtor, and to try the validity of it afterwards in an action of ejectment by the purchaser: Taylor’s Appeal, 93 Pa. 21. It is not the best system, being a ,make shift, in the absence of a court of chancery, for the administration of…
2Cases cited4 opinions
- Taylor's AppealSupreme Court of Pennsylvania · 1880
- Hunter's AppealSupreme Court of Pennsylvania · 1861
- Kreamer v. FlemingSupreme Court of Pennsylvania · 1901
- Winch's AppealSupreme Court of Pennsylvania · 1869
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- Moyer v. MeraySuperior Court of Pennsylvania · 1941
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