Davis v. Michener
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of January Term, 1884, No. 367. This writ of error was taken by W. IT. H. Davis, plaintiff in a judgment recovered against Charles Michener on a single bill, assigning for error certain orders of the court setting aside a fi. fa., issued by plaintiff in pursuance of his judgment, and refusing a petition for an alias fi. fa.
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Error to the Court of Common Pleas of Montgomery county: Of January Term, 1884, No. 367. This writ of error was taken by W. IT. H. Davis, plaintiff in a judgment recovered against Charles Michener on a single bill, assigning for error certain orders of the court setting aside a fi. fa., issued by plaintiff in pursuance of his judgment, and refusing a petition for an alias fi. fa. The facts of the case and the questions presented by the assignments of error are fully stated in the opinion of this court.
1Opinion of the CourtJustice Clark
Charles Michener, residing in Montgomery county, by his deed dated December 20,1881, made a general assignment to George Hand for the benefit of creditors. The assignee, on the 8th February, 1882, presented his petition to the Court of Common Pleas of that county for an order to sell the assigned real estate for the payment of debts, under the Act of 17th February, 1876; on due proof of notice to the lien creditors of the intended application, the court, on the 6th March, 1882, directed a public sale of the said real estate, to be made on the premises, on the 18th May, 1882, discharged of all…
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