Legal Opinion

Charles v. Smith

Superior Court of Pennsylvania

Decided December 10, 1905No. Appeal, No. 174PublishedCited by 4 opinions

Appeal, No. 174, Oct. T., 1905, by J. R. Watkins, Assignee of Eneas F. Smith, from order of C. P. Chester Co., April T., 1905, No. 23, discharging rule to set aside execution in case of Aaron Charles v. Eneas F. Smith. Rule to set aside writ of fieri facias. Before Hemphill, P. J. The opinion of the Superior Court states the case. Error assigned was the order of the court.

1Opinion of the Court

Per Curiam,

This is an appeal by the defendant’s assignee for the benefit of creditors from an order discharging a rule, granted upon the assignee’s application, to show cause why a fi. fa. issued the day before the assignment, and levied upon the defendant’s real estate, should not be set aside, in accordance with the provisions of the 16th section of the act of June 4, 1901, relating to insolvency. The judgment upon which execution was issued was for a debt of $1,100, being the purchase money of certain real estate, and was entered more than a year prior to the date of assignment upon a bond…

2Cases cited3 opinions

  1. Potts v. Smith Manufacturing Co.Superior Court of Pennsylvania · 1904
  2. Citizens' National Bank v. GassSuperior Court of Pennsylvania · 1905
  3. Musser v. BrindleSuperior Court of Pennsylvania · 1903

3Cited by4 opinions

  1. Bornman v. GordonSupreme Court of Pennsylvania · 1987
  2. Rittenhouse's Insolvent EstateSuperior Court of Pennsylvania · 1906
  3. Penn Security Bank & Trust Co. v. Matchulat, Pennsylvania Court of Common Pleas, Lackawanna County1983
  4. A. M. Uhrik, Inc. v. Pennington, Pennsylvania Court of Common Pleas, Montgomery County1957

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