Wile Bros. & Co. v. Meyer
Superior Court of Pennsylvania
Appeal, No. 64, Oct. T., 1898, by Black & Meyer, from order of C. P. Clearfield Co., Sept. T., 1897, No. 344, dismissing petition for a feigned issue. Petition for feigned issue.
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Appeal, No. 64, Oct. T., 1898, by Black & Meyer, from order of C. P. Clearfield Co., Sept. T., 1897, No. 344, dismissing petition for a feigned issue. Petition for feigned issue. Before Gordon, P. J. It appears from the record that Wile Bros. & Co. had obfcained judgment for $2,940 against Levi Locks, and M. Ruslander had obtained judgment for $840. Black & Meyer, the appellants, had obtained judgment for a balance of $977.97. Hershberg & Garson obtained judgment for a balance of $621.79. Executions were issued on the above judgments which rank in the order named. Petitions for feigned issues…
1Opinion of the Court
Opinion bt
Rice, P. J.,
The defendant’s goods were sold at sheriff’s sale for the sum of $2,771.53 upon executions which came into tlie sheriff’s hands in the following order: first, Wile Bros. & Co., $2,800, and an attorney’s commission of $140; second, M. Ruslander, $800, including an attorney’s commission of $40.00; third, *195Black & Meyer, §1,379.97; fourth., Hershberger & Garson, §621.79. Black & Meyer petitioned the court to award a feigned issue between them and Wile Bros. & Co. to determine the validity of the latter’s judgment. They alleged that the note with confession upon which it was…
2Cases cited3 opinions
- Clark v. DouglassSupreme Court of Pennsylvania · 1870
- Moore v. Dunn & FellSupreme Court of Pennsylvania · 1892
- Hagy v. PoikeSupreme Court of Pennsylvania · 1894