Schlippert v. Orth
Superior Court of Pennsylvania
Appeal, No. 138, Oct. T., 1920, by defendant, from judgment of C. P. Berks County, Jan. T., 1920, No. 1, discharging rule to show cause why execution should not be stayed in tbe case of Robert Schlippert and Louise M. Schlippert, a minor, by her next friend and father, Robert Schlippert, v. Walter S. Orth. Rule to show cause why execution should not be stayed. Before Wagner, J. The facts are stated in the opinion of the Superior Court. The court discharged the rule.
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Appeal, No. 138, Oct. T., 1920, by defendant, from judgment of C. P. Berks County, Jan. T., 1920, No. 1, discharging rule to show cause why execution should not be stayed in tbe case of Robert Schlippert and Louise M. Schlippert, a minor, by her next friend and father, Robert Schlippert, v. Walter S. Orth. Rule to show cause why execution should not be stayed. Before Wagner, J. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Head, J.,
The question raised by this appeal grows out of what transpired subsequently to the entry of judgment in the case between the same parties in the appeal at No. 12, October Term, 1920, in which we have this day filed an opinion.
Judgment was entered 6th November, 1919. December 1,1919, at 10:34 a. m. a writ of fi. fa. sur judgment was lodged with the sheriff, who made a levy on the personal property of the defendant at 1:30 p. m. of the same day. On December 2, 1919, at 9:55 a. m. the defendant’s real estate was levied upon by the sheriff. On December 1, 1919, the defendant…
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