Legal Opinion

Ernst's Estate

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 85PublishedCited by 1 opinion

Appeal, No. 85, Jan. T., 1894, by a creditor, from order of C. P. Cumberland Co., overruling exceptions to auditor’s report, distributing assigned estate. Exceptions to report of Conrad Hambleton, Esq., auditor, to distribute assigned estate. Before Sadler, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was dismissal of exception to auditor’s report disallowing appellant’s claim, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Fell,

On April 1, 1886, judgment was entered by confession in favor of G. K. Rebuck, adm., against Geo. E. Ernst for $4,500. In 1887 the plaintiff assigned $1,000 of this judgment to Alexander Highlands, and in 1888 he assigned the remaining $3,500 *89to W. D. E. Hayes. On Dee. 17,1890, Hayes assigned to Wm. A. Coffey, adm., $3,140 of the judgment, retaining the balance of his interest, $360.

On March 31, 1891, a sci. fa. to revive the judgment was issued. It was entitled “ G. K. Rebuck, adm., etc., now to the use of Wm. A. Highlands, adm., etc. and Wm. A. Coffey, adm., etc.…

2Cases cited5 opinions

  1. Armstrong v. City of LancasterSupreme Court of Pennsylvania · 1836
  2. M'Kinney v. MehaffeySupreme Court of Pennsylvania · 1844
  3. Dietrich's AppealSupreme Court of Pennsylvania · 1884
  4. Memphis, Clarksville, & Louisville Railroad v. WilcoxSupreme Court of Pennsylvania · 1864
  5. Commonwealth v. Shuman's AdministratorsSupreme Court of Pennsylvania · 1852

3Cited by1 opinion

  1. Commonwealth v. GouldSuperior Court of Pennsylvania · 1912

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