Weist v. Wuller
Supreme Court of Pennsylvania
Appeal, No. 75, Oct. T., 1904, by defendant, from order of C. P. Butler Co., Dec. T., 1903, No. 54, discharging rule to stay and set aside execution in case of Joseph Weist v. Mary Wuller, Johanna Wuller and John J. Kohler, Assignee for creditors. Rule to stay and set aside execution. Before Galbreath, P. J. The opinion of the Supreme Court states the case. Error assigned was the order discharging the rule.
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The defendants in a judgment confessed in 1892 “ without stay of execution,” having failed in an application to the court to set aside a writ of execution against their real estate, made an assignment for the benefit of their creditors. The assignee obtained a rule to show cause why the writ should not be stayed, which after hearing was discharged. This appeal is from the order discharging the rule. The sole ground for the first application for a stay was that an advantageous sale could not then be made because of uncertainty as to the title to the real estate, and…
2Cases cited4 opinions
- Breitenbach v. BushSupreme Court of Pennsylvania · 1863
- White v. CrawfordSupreme Court of Pennsylvania · 1877
- Billmeyer v. Evans & RodenbaughSupreme Court of Pennsylvania · 1861
- Lewis v. LewisSupreme Court of Pennsylvania · 1864
3Cited by4 opinions
- Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
- Commonwealth Ex Rel. Kelley v. BrownSupreme Court of Pennsylvania · 1937
- Galey v. GuffeySupreme Court of Pennsylvania · 1915
- Connelly v. Marine Manufacturing & Supply Co., Pennsylvania Court of Common Pleas, Alleghany County1934