Parys & Co.'s Appeal
Supreme Court of Pennsylvania
Certiorari to the Common. Pleas of Lawrence county. This was an appeal by Parys & Co., from the decree of the court distributing the proceeds of the sheriff’s sale of the personal property of David Winternitz. The material facts of the case, as reported by the auditor, were as follows:— In the year 1855, Winternitz and his wife lived in Clearfield, Pa., and during that year he became insolvent, and they removed.
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Certiorari to the Common. Pleas of Lawrence county. This was an appeal by Parys & Co., from the decree of the court distributing the proceeds of the sheriff’s sale of the personal property of David Winternitz. The material facts of the case, as reported by the auditor, were as follows:— In the year 1855, Winternitz and his wife lived in Clearfield, Pa., and during that year he became insolvent, and they removed. They went first to New Brighton, and after remaining there for some time, they removed to New Castle. When they left Clearfield they had no capital or means so far as the testimony…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
This is an appeal from a decree distributing the proceeds of a sheriff’s sale of personal property. The appellants’ execution was first issued; but it was claimed that it was postponed to a subsequent execution, because, as the auditor found, the goods were never removed, or the store closed; but, at the instance of the plaintiff’s attorney, the store was put in charge of one Bostwick, who had been there, as the auditor says, “ as a loafer and clerk” for the past two years, with a privilege to sell as usual and account to the sheriff for…
2Cases cited1 opinion
- Wood v. VanarsdaleSupreme Court of Pennsylvania · 1832
3Cited by5 opinions
- William Broadhead & Sons v. CornmanSupreme Court of Pennsylvania · 1895
- Dunham v. RundleSuperior Court of Pennsylvania · 1897
- In re Thackara Mfg. Co.District Court, E.D. Pennsylvania · 1905
- Platt-Barber Co. v. GrovesSuperior Court of Pennsylvania · 1898
- Willis Motor Car Co. v. Lasser, Pennsylvania Court of Common Pleas, Dauphin County1927