Miller v. Getz
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 293 January Term 1890, Sup. Ct.; court below, No. 58 August Term 1888, Execution Docket, C. P. On April 18, 1889, the court below appointed Mr. O. G. Bassler auditor, to report distribution of a fund amounting to $285.74, paid into court by the sheriff as the proceeds of a sale, under a writ of fieri facias, of certain goods and chattels of J. G. Getz.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 293 January Term 1890, Sup. Ct.; court below, No. 58 August Term 1888, Execution Docket, C. P. On April 18, 1889, the court below appointed Mr. O. G. Bassler auditor, to report distribution of a fund amounting to $285.74, paid into court by the sheriff as the proceeds of a sale, under a writ of fieri facias, of certain goods and chattels of J. G. Getz. On June 17, 1889, the auditor reported finding the following facts: On May 3, 1886, S. H. Miller obtained a judgment against J. G. Getz for $1,000, upon a bond…
1Opinion of the Court
Per Curiam: :
The law is well settled that an execution issued for the purpose of obtaining a lien, and not to sell the goods, will be postponed to a subsequent fieri facias, under which the officer having the writ in charge proceeds to levy and sell: Corlies v. Stanbridge, 5 R. 286 : Mentz v. Hamman, 5 Wh. 150; Dorrance v. Commonwealth, 13 Pa. 160; Freeburger’s App., 40 Pa. 244; Stern’s App., 64 Pa. 447; Landis v. Evans, 113 Pa. 332. There was nothing in this case to show that the execution of Reuben A. Leinbach was not issued in entire good faith, for the purpose of making the monejn The…
2Cases cited7 opinions
- Landis v. EvansSupreme Court of Pennsylvania · 1886
- Mentz v. HammanSupreme Court of Pennsylvania · 1840
- Stern's AppealSupreme Court of Pennsylvania · 1870
- Freeburger's AppealSupreme Court of Pennsylvania · 1861
- Corlies & Co. v. StanbridgeSupreme Court of Pennsylvania · 1835
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3Cited by1 opinion
- Hoerner ex rel. Cromer v. CordellSuperior Court of Pennsylvania · 1899