Stichler v. Malley
Supreme Court of Pennsylvania
Appeal to the Court of Common Pleas of Schuylkill county: Of January Term 1880, No. 314. Amicable action in debt and confession of judgment, wherein H. P. Stichler, trustee, was plaintiff, and Peter G. Mailey defendant. Mailey was the owner of a leasehold estate with the right to mine coal and erect a breaker.
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Appeal to the Court of Common Pleas of Schuylkill county: Of January Term 1880, No. 314. Amicable action in debt and confession of judgment, wherein H. P. Stichler, trustee, was plaintiff, and Peter G. Mailey defendant. Mailey was the owner of a leasehold estate with the right to mine coal and erect a breaker. He employed in August 1878, and thereafter in the same year, various mechanics and material-men to furnish him with lumber, machinery, &c., for the erection of the breaker. About the 1st of January 1879, he was in default in the payment of wages to his miners and laborers for the months…
1Opinion of the CourtJustice Green
It does not appear that any notice in writing of the claims of the appellants, and of the amount thereof, was given to the sheriff at any time before the sale of the property levied on, as is required by the second section of the Act of 9th April 1872. The auditor practically finds that no such notice was given, and there is nothing on the record to show that he was in error in that finding. The duty of proving that there ivas such notice rests upon the appellants, as it is a statutory pre-requisite to the enforcement of their claims. The notice contained in the amicable action upon which the…
2Cited by1 opinion
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