Rees v. Chantler
Superior Court of Pennsylvania
Appeal, No. 193, April T., 1898, by plaintiffs, from decree of C. P. No. 3, Allegheny Co., May T., 1898, No. 34, dissolving preliminary injunction. Application to continue preliminary injunction directed against certain constables of Allegheny county, enjoining them from making sale of personal property levied upon by them. Hearing on bill, answer and testimony on behalf of the parties.
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Appeal, No. 193, April T., 1898, by plaintiffs, from decree of C. P. No. 3, Allegheny Co., May T., 1898, No. 34, dissolving preliminary injunction. Application to continue preliminary injunction directed against certain constables of Allegheny county, enjoining them from making sale of personal property levied upon by them. Hearing on bill, answer and testimony on behalf of the parties. Before Kennedy, P. J. It appears from the record and evidence that Hulings Bros., engaged in the coal business, towing coal barges and general contract business, made an assignment for the benefit of creditors…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The claims, the collection of which by execution is sought to be restrained, are within the provisions of the act of 1872 and its supplements of 1883 and 1891. We have sufficiently discussed the scope of these acts in respect to the classes of persons entitled to the benefit of their provisions in an opinion filed this day in the case of Rees v. Plulings.
The present case raises a question as to the right to restrain the constable’s levy by injunction. The property levied upon in Allegheny county is described as a “ flat ” or boat equipped with machinery for…
2Cases cited3 opinions
- Kent, Santee & Co.'s AppealSupreme Court of Pennsylvania · 1878
- William Broadhead & Sons v. CornmanSupreme Court of Pennsylvania · 1895
- Assigned Estate of Mathews, Pennsylvania Court of Common Pleas, Fayette County1891