First National Bank v. Bartlett
Superior Court of Pennsylvania
Appeal, No. 80, Oct. T., 1907, by defendant, from order of C. P. Bradford Co., Feb. T., 1907, No. 82, discharging rule to show cause why execution should not be set aside in case of the First National Bank of Sayre v. F. W. G. Bartlett. Rule to set aside execution. The opinion of the Superior Court states the case.
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Appeal, No. 80, Oct. T., 1907, by defendant, from order of C. P. Bradford Co., Feb. T., 1907, No. 82, discharging rule to show cause why execution should not be set aside in case of the First National Bank of Sayre v. F. W. G. Bartlett. Rule to set aside execution. The opinion of the Superior Court states the case. Error assigned was order discharging rule to set aside execution. — We contend that if the fi. fa.' was void and the lien discharged by the adjudication in bankruptcy, then the venditioni exponas issued on March. 12 was also void, and no lien could be acquired by virtue of the…
1Opinion of the Court
Opinion by
Morrison, J.,
The plaintiff’s judgment was entered on a note, with warrant of attorney and waiver of exemption, dated August 29, 1906, and read, in part: “On demand, after date, for value received, I promise to pay the First National Bank of Sayre, or bearer, $6,377.24,” etc.
The judgment was confessed and entered on December 13, 1906, and a fi. fa. issued thereon, and a levy made on personal property on the same day. On December 15, 1906, defendant filed a voluntary petition in bankruptcy in the district court of the United States for the middle district of Pennsylvania, and he was…
2Cases cited12 opinions
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