Mettfett v. Mohn
Supreme Court of Pennsylvania
Appeal No. 231, Jan. T., 1894, by plaintiff, from order of C. P. Lancaster Co., Jan. T., 1894, No. 46, making absolute rule to strike off stay of execution. Rule to strike off stay of execution. Before Brubaker, J. From the record it appeared that Frank Mettfett obtained judgment against D. C. Mohn, and on December 20, 1893, issued execution thereon.
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Appeal No. 231, Jan. T., 1894, by plaintiff, from order of C. P. Lancaster Co., Jan. T., 1894, No. 46, making absolute rule to strike off stay of execution. Rule to strike off stay of execution. Before Brubaker, J. From the record it appeared that Frank Mettfett obtained judgment against D. C. Mohn, and on December 20, 1893, issued execution thereon. Mohn was the lessee of the Stevens House, a hotel in the city of Lancaster, and Mettfett was his surety for the payment of rent. On the 29th day of December the personal property of defendant which might have been the subject of a levy under said…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In December, 1898, plaintiff had a judgment in the above entitled case against D. C. Mohn, on which he then issued an execution. Before any levy was made, an arrangement was effected between plaintiff and defendant, whereby it became unnecessary to proceed with the execution, and the writ was accordingly ordered staid by plaintiff’s attorneys. In January following the appellees, P. J. Reilly and others, labor-claim creditors of said Mohn, interposed and, claiming the right to control plaintiff’s execution, obtained a rule to show cause why the indorsement…
2Cases cited1 opinion
- Wilkinson v. PattonSupreme Court of Pennsylvania · 1894
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