Legal Opinion

Reigel's Appeal

Supreme Court of Pennsylvania

Decided April 4, 1881No. 92Published

Appeal from the Common Pleas of Schuylkill County, No. 92 July Term 1880. On May 22, 1877, Isaac W. Ranck &• Co. obtained a judgment against James H. Beck & Bro. for $1,161.78. Execution was issued and levied on Sept. 19, 1878, on personal property.

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Appeal from the Common Pleas of Schuylkill County, No. 92 July Term 1880. On May 22, 1877, Isaac W. Ranck &• Co. obtained a judgment against James H. Beck & Bro. for $1,161.78. Execution was issued and levied on Sept. 19, 1878, on personal property. An application to open the judgment was made on application of defendants on September 23, 1878,' on the ground that it had been all paid except $100. A rule was granted, but was discharged on November 24, 1879. On November 15,1878, Beck & Bro. gave a judgment to Reigel & Co., trustee, for $7,000. Judgment was entered and execution was issued June…

1Opinion of the Court

The Supreme Court reversed the • decision of the coúrt below on April 4, 1881, in the following opinion by

Gordon, J.

The money for distribution, prima facie, was properly awarded to the Ranck & Co. judgment, for their fieri facias, was first issued and levied on the goods, from the gale of which the money in controversy was made.

But the appellants proposed to defeat this prima facie presumption by showing that the Ranck & Co. judgment had been paid. The auditor, however, after hearing 'the evidence of the contestants, decided in favor of Ranck & Co. Were there nothing more than this, it is…

2Cases cited3 opinions

  1. Trimble's AppealSupreme Court of Pennsylvania · 1837
  2. Richardson v. CassillySupreme Court of Pennsylvania · 1836
  3. Stuckert v. Ellis, Pennsylvania Court of Common Pleas, Philadelphia County1840

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