McGinnis v. Prieson
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Qlinton county: Of May Term 1877, No. 107. William McGinnis obtained a judgment against Adolph Prieson, for ^9779.20, on the 12th day of August 1876. On the same day ho issued a writ of fieri facias, and levied on the personal property of Prieson, consisting of household furniture, as well as a lot of fixtures, drugs, medicines, &c., in a drug store.
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Appeal from the decree of the Court of Common Pleas of Qlinton county: Of May Term 1877, No. 107. William McGinnis obtained a judgment against Adolph Prieson, for ^9779.20, on the 12th day of August 1876. On the same day ho issued a writ of fieri facias, and levied on the personal property of Prieson, consisting of household furniture, as well as a lot of fixtures, drugs, medicines, &c., in a drug store. All the articles in the drug store were sold by the sheriff on the 28th of August 1876, for $2614.76. Out of the proceeds of this sale Jonas Zindel claimed $216.17. Zindel had obtained three…
1Opinion of the CourtJustice Woodward
In the distribution of the fund produced by the sale of Adolph Prieson’s property, the first question that arose was one of fact. Jonas Zindel, the" appellee, asserted a right to participate in the distribution, by virtue of the lien of three executions issued to constable Keller, in judgments, obtained on the 3d and 13th of June 1876, before a justice of the peace. On behalf of the appellant this right was denied, on the ground that no levy had been actually made. Prieson testified that although the constable was at his store, no intimation of an intention to make a levy was given him, and…
2Cases cited4 opinions
- Wood v. VanarsdaleSupreme Court of Pennsylvania · 1832
- Trovillo v. TilfordSupreme Court of Pennsylvania · 1837
- Fitler v. PattonSupreme Court of Pennsylvania · 1844
- M'Coy v. ReedSupreme Court of Pennsylvania · 1836
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- Commonwealth v. DudenSupreme Court of Pennsylvania · 1984
- Latsha v. Latsha, Pennsylvania Court of Common Pleas, Dauphin County1935