Hall v. West Chester Publishing Co.
Supreme Court of Pennsylvania
Appeal, No. 40, Jan. T., 1897, by John JB. Robinson, from order of C. P. Chester Co., Oct. T., 1896, No. 69, discharging rule to strike off judgment and to set aside sheriff’s sale. Rule to strike off judgment and set aside sheriff’s sale of personal property. Before Hemphill, P. J. The facts appear by the opinion of the Supreme Court. Errors assigned were in not setting aside the sale, and in not striking off judgment.
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Appeal, No. 40, Jan. T., 1897, by John JB. Robinson, from order of C. P. Chester Co., Oct. T., 1896, No. 69, discharging rule to strike off judgment and to set aside sheriff’s sale. Rule to strike off judgment and set aside sheriff’s sale of personal property. Before Hemphill, P. J. The facts appear by the opinion of the Supreme Court. Errors assigned were in not setting aside the sale, and in not striking off judgment. To open the judgment, was not the relief Ave were entitled to ask. We were not the defendant to be let into a defense. The company’s indebtedness to Hall was not questioned,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
By the petition filed in the common pleas the court was asked to set aside a sheriff’s sale of personal property because of the failure of the sheriff to duly advertise the same, and to strike off the judgment by confession under which the sale was made for the reason that the confession was not authorized by a lawfully constituted board of directors. The alleged failure to duly advertise was not sustained by proof. The execution of the judgment note had been authorized by the directors at a regular meeting of the board ten months before the sale. At this meeting…
2Cases cited2 opinions
- O'Hara v. BaumSupreme Court of Pennsylvania · 1876
- Adams v. GreySupreme Court of Pennsylvania · 1898
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- Lawrence v. SmithSupreme Court of Pennsylvania · 1906
- Washington County Controller's CaseSupreme Court of Pennsylvania · 1967
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