Progressive C. Co. v. Friedman Balasny
Superior Court of Pennsylvania
Appeal, No. 209, Oct. T., 1922, by plaintiff, from order of O. P. No. 1, Philadelphia County, Dec. T., 1921, No. 4053, making absolute rule to strike off alias fi. fa. and attachment execution, in the case of Progressive Commercial Company v. L. Friedman and J. Balasny. Rule to show cause why judgment should not be stricken off or opened, and why alias fi. fa. and attachment should not be set aside.
Read the full summary
Appeal, No. 209, Oct. T., 1922, by plaintiff, from order of O. P. No. 1, Philadelphia County, Dec. T., 1921, No. 4053, making absolute rule to strike off alias fi. fa. and attachment execution, in the case of Progressive Commercial Company v. L. Friedman and J. Balasny. Rule to show cause why judgment should not be stricken off or opened, and why alias fi. fa. and attachment should not be set aside. Before Shoemaker, P. J. The facts are stated in the opinion of the Superior Court. The court made absolute the rules to set aside alias fi. fa. and attachment. Plaintiff appealed. Error assigned…
1Opinion of the Court
Opinion by
Henderson, J.,
The material facts here involved are not in dispute. On the 30th of December, 1921, the plaintiff entered judgment against the defendants for $1,050 on a promissory note which contained a power of attorney to confess judgment and a waiver of any exemption law then in force or which might thereafter be passed exempting personal property from levy and sale on any execution. A writ of fi. fa. was issued thereon the same day by authority of which the sheriff levied on all the personal property of each of the defendants. An involuntary petition in bankruptcy had been filed…
2Cases cited12 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Chicago, Burlington & Quincy Railroad v. HallSupreme Court of the United States · 1913
- In re BassU.S. Circuit Court for the Southern District of Georgia · 1877
- First National Bank v. BartlettSuperior Court of Pennsylvania · 1908
- Heath v. PageSupreme Court of Pennsylvania · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Capital City Junk Co. v. SitkinSuperior Court of Pennsylvania · 1934
- Clarence Huffman Motor Co. v. Hess, Pennsylvania Court of Common Pleas, Greene County1927
- Latsha v. Latsha, Pennsylvania Court of Common Pleas, Dauphin County1935
- Sovereign Building & Loan Ass'n v. KrassenSuperior Court of Pennsylvania · 1929