Philadelphia & Baltimore Central Railroad Company's Appeal
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of-Chester county: No. 281, to January Term 1872. On the 7th of March 1870 William McCullough recovered judgment for $724.98 against The Philadelphia and Baltimore Central Railroad Company. On the 22d of September 1870 the plaintiff issued a fi. fa., to which the sheriff returned, “ that the railroad company has no office in the county of Chester, and has no personal or real estate therein; therefore same remains wholly unsatisfied.”
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Error to the Court of Common Pleas of-Chester county: No. 281, to January Term 1872. On the 7th of March 1870 William McCullough recovered judgment for $724.98 against The Philadelphia and Baltimore Central Railroad Company. On the 22d of September 1870 the plaintiff issued a fi. fa., to which the sheriff returned, “ that the railroad company has no office in the county of Chester, and has no personal or real estate therein; therefore same remains wholly unsatisfied.” On the petition of the plaintiff the court (Butler, P. J.) awarded a writ of sequestration, and appointed Samuel M. Felton…
1Opinion of the Court
The opinion of the court was delivered, February 19th 1872, by
Thompson, C. J.
The Act of 16th June 1836, “ relating to executions,” provides a mode for the collection of debts due by insolvent corporations, viz., by sequestration. A return to the fieri facias, pursuant to the directions of the 72d section of the act, showing a demand made upon the chief officer of the corporation, or other officer in charge of its principal office, of the amount of the execution, without success, and a failure to find property liable to seizure and sale upon it, make way for the operation of the 73d section,…
2Cited by9 opinions
- McClaskey v. Harbison-Walker Refractories Co.Court of Appeals for the Third Circuit · 1943
- Vulcanite Paving Co. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1908
- Guest v. Merion Water Co., Pennsylvania Court of Common Pleas, Montgomery County1891
- Cresson & Clearfield Coal & Coke Co. v. StaufferCourt of Appeals for the Third Circuit · 1906
- Smith v. Altoona & Philipsburg Connecting RailroadSupreme Court of Pennsylvania · 1897
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