Himmelreich v. Shaffer
Supreme Court of Pennsylvania
Appeal, No. 574, Jan. T., 1896, by W. D. Himmelreich & Co., from order of C. P. Elk Co., May T., 1895, No. 30, overruling exceptions to auditor’s report. Exceptions to report of Rufus Lucore, Esq., auditor. The court, Matee, P. J., dismissed the exceptions and confirmed the report. The facts appear by the opinion of the Supreme Court. Error assigned was in dismissing exceptions to auditor’s report.
1Opinion of the Court
Opinion by
Mr. Justice Green,
This is a contest between the individual execution creditors of T. J. Shaffer and the appellants, as partnership creditors of Jacob Shaffer & Son, over a fund produced by a sale upon execution of certain timber seized upon several executions. There were four writs of fi. fa. issued against T. J. Shaffer individually, and one, that of the appellants, issued against the firm of Jacob Shaffer & Son. The writs in the individual cases had priority) being issued one day prior to the writ in favor of the appellants. The timber was undoubtedly cut under a written contract…
2Cases cited4 opinions
- Baker's AppealSupreme Court of Pennsylvania · 1853
- Appeal of the York County BankSupreme Court of Pennsylvania · 1859
- Appeal of ScullSupreme Court of Pennsylvania · 1887
- Bixler & Correll v. Kresge & GreenSupreme Court of Pennsylvania · 1895
3Cited by2 opinions
- Shell Co. of California v. DunnCourt of Appeals for the Ninth Circuit · 1927
- In re Voluntary Assignment of Charles E. Stewart & Co.Supreme Court of Pennsylvania · 1899