Greenfield v. Golder
Superior Court of Pennsylvania
Appeal, No. 183, Oct. T., 1909, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1909, No. 10, on demurrer to statement of claim in case of Passmore Greenfield v. David M. Golder. Trespass against the sheriff for an alleged wrongful levy and sale. Before Butler, J. The facts appear by the opinion of the Superior Court. Error assigned was in sustaining demurrer to statement of claim.
1Opinion of the Court
Opinion by
Morrison, J.,
The appellant’s counsel states the question involved as follows: “A fi. fa. was issued oh a judgment containing a waiver of the exemption and personalty was levied upon. The defendant was subsequently adjudicated a bankrupt and an order was made by the bankruptcy court restraining the plaintiff in the execution and the sheriff from further proceeding on the writ and from collecting the judgment. In the bankruptcy proceedings the personalty levied upon was set aside under a claim for the exemption. Can the property thus set aside be sold on an alias writ on the same…
2Cases cited4 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- First National Bank v. BartlettSuperior Court of Pennsylvania · 1908
- Sharp v. WoolslareSuperior Court of Pennsylvania · 1904
- Zumpfe v. SchultzSuperior Court of Pennsylvania · 1907
3Cited by3 opinions
- Realty Co. v. GioshioSuperior Court of Pennsylvania · 1912
- Progressive C. Co. v. Friedman BalasnySuperior Court of Pennsylvania · 1922
- Clarence Huffman Motor Co. v. Hess, Pennsylvania Court of Common Pleas, Greene County1927