Appeal of Lutz
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 140 January Term 1889, Sup. Ct.; court below, No. 1060, C. P. On December 6, 1886, Alvan E. Creitz made an assignment for the benefit of creditors, and on May 10, 1887, bis assignees filed their account, when Mr.- James L. Sahaadt was appointed auditor to hear and determine exceptions and to report distribution.
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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 140 January Term 1889, Sup. Ct.; court below, No. 1060, C. P. On December 6, 1886, Alvan E. Creitz made an assignment for the benefit of creditors, and on May 10, 1887, bis assignees filed their account, when Mr.- James L. Sahaadt was appointed auditor to hear and determine exceptions and to report distribution. On February 28, 1888, the auditor filed bis report, from which it appeared that a contention arose as to whether or not a judgment in favor of Alary Handwerk, for use of Henry Leiby, was entitled to share in the…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
The Henry Leiby judgment was entered April 17, 1876; the 17th day of April, 1881, five years later, fell on Sunday, and the scire facias to revive the judgment was not issued until Monday, the 18th day of April, in that year. Was that in time to save the lien ? This is the point to be decided.
The first section of the act of March 26, 1827, which prescribes the duration of the lien of judgments, is as follows: “ All judgments, entered in any court of record of this Commonwealth, or revived in the manner prescribed by this act, or the act to which this is a…
2Cases cited5 opinions
- Brisben v. WilsonSupreme Court of Pennsylvania · 1869
- Edmundson v. WraggSupreme Court of Pennsylvania · 1883
- Duffy v. OgdenSupreme Court of Pennsylvania · 1870
- Marks's Executors v. RussellSupreme Court of Pennsylvania · 1861
- Harker v. AddisSupreme Court of Pennsylvania · 1846
3Cited by6 opinions
- Poetz v. Sarah Mix & Delaware, Lackawanna & Western RailroadSupreme Court of New Jersey · 1951
- Justice v. MeekerSuperior Court of Pennsylvania · 1906
- Mulligan v. E. Keeler Co.Superior Court of Pennsylvania · 1933
- Camac v. Reese, Pennsylvania Court of Common Pleas, Delaware County1925
- Mulligan v. E. Keeler Co., Pennsylvania Court of Common Pleas, Lycoming County1933
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