Legal Opinion

Kaine's Appeal

Supreme Court of Pennsylvania

Decided November 28, 1879PublishedCited by 1 opinion

Appeal from the Court of Common Pleas of layette, county: Of October and November Term 1879, No. 213. Appeal of Mrs. Eliza J. Kaine, and D. Kaine, her husband, from the decree of the court, distributing the proceeds arising from the sale of the partnership interest of William H. Baily in the personal property, interest and effects in the partnership of Fuller, Laughead, Baily & Co. The facts are stated in the following opinion of the court below, Willson, P. J. “ From the…

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Appeal from the Court of Common Pleas of layette, county: Of October and November Term 1879, No. 213. Appeal of Mrs. Eliza J. Kaine, and D. Kaine, her husband, from the decree of the court, distributing the proceeds arising from the sale of the partnership interest of William H. Baily in the personal property, interest and effects in the partnership of Fuller, Laughead, Baily & Co. The facts are stated in the following opinion of the court below, Willson, P. J. “ From the writs and returns thereon, the following appears to be the facts connected with the levy and sale of defendant’s property,…

1Opinion of the CourtJustice Paxson

The executions in this case were both irregular under the authority of Hare v. The Commonwealth, to use of Porterfield & *276Co., decided at this term, ante, p. 141. It was there held that in a proceeding to levy and sell upon an execution issued upon a judgment against a member of a firm for his private debt, his interest in said firm, the directions of the Act of 8th April 1873, Pamph. L. 65, must be conformed to, and that the fieri facias must be a special writ, commanding the sheriff to sell the interest referred to, &c. These executions were in the usual form, and the sheriff might well have…

2Cited by1 opinion

  1. Wise v. VosburgSuperior Court of Pennsylvania · 1897

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