Dengler v. Buettner
Supreme Court of Pennsylvania
EROM THE DECREE OE THE COURT OE COMMON PLEAS OE BERKS COUNTY. No. 61 January Term 1889 Sup. Ct.; court below, No. 3 March Term 1888, E. D., C. P. On February 18, 1888, a fieri facias to No. 3 March Term 1888, E. D., was issued upon a judgment entered to No. 13 February Term 1888, in favor of Franklin Dengler against Chas.
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EROM THE DECREE OE THE COURT OE COMMON PLEAS OE BERKS COUNTY. No. 61 January Term 1889 Sup. Ct.; court below, No. 3 March Term 1888, E. D., C. P. On February 18, 1888, a fieri facias to No. 3 March Term 1888, E. D., was issued upon a judgment entered to No. 13 February Term 1888, in favor of Franklin Dengler against Chas. Buettner, for $300. The praecipe for the writ contained no special instructions to the sheriff, but on February 20,1888, acting under verbal instructions, the sheriff, levied “on the personal property of defendant, also on defendant’s right, title and interest in the…
1Opinion of the Court
Opinion,
Mr. Justice Stebrett :
The sole question is, which of the parties to this contention is entitled to the fund realized from the sheriff’s sale on their respective writs of fieri facias against Charles Buettner.
The writ of appellant, No. 3, March Term, 1888, was issued February 18, 1888, in the ordinary form, and returned by the sheriff : “ Levied February 20, 1888, on the personal property of the defendant, and also on defendant’s right, title and interest in the personal property in the firm of Buettner & Stone-back, a schedule of which is hereto annexed. February 22, 1888, part of…
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