Legal Opinion

Dietrich's Appeal

Supreme Court of Pennsylvania

Decided June 9, 1884No. Nos. 8 and 9PublishedCited by 8 opinions

Appeals from the Court of Common Pleas of Dauphin county: Of May Term, 1884, Nos. 8 and 9. Appeals by Mary J. Dietrich and Catharine Creamer from a decree of said court, confirming the report of an Auditor appointed to make distribution of a fund in the hands of an assignee for the benefit of creditors arising from the sale of the assignor’s real estate. On September 30th, 1879, one George Winters made an assignment for the benefit of his creditors to Peter K. Boyd.

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Appeals from the Court of Common Pleas of Dauphin county: Of May Term, 1884, Nos. 8 and 9. Appeals by Mary J. Dietrich and Catharine Creamer from a decree of said court, confirming the report of an Auditor appointed to make distribution of a fund in the hands of an assignee for the benefit of creditors arising from the sale of the assignor’s real estate. On September 30th, 1879, one George Winters made an assignment for the benefit of his creditors to Peter K. Boyd. The assignee’s first and partial account was duly filed, an Auditor appointed to make distribution, the latter’s report…

1Opinion of the CourtJustice PaxsON

The single assignment of error in this case is so wide a departure from the rules of court that we would be justified in dismissing the above appeals on that ground alone. Waiving the irregularity, however, we will dispose of the question presented as though error had been properly assigned.

If the judgment of the State Bank v. George Winters, No. 145, August Term, 1877, has been properly revived, either in whole or in part, the decree below must be reversed.

The judgment was entered May 4th, 1877, for the sum of $28,120.72. On October 12th, 1878, a credit was entered on said judgment of…

2Cases cited2 opinions

  1. Hauer's AppealSupreme Court of Pennsylvania · 1843
  2. Arrison v. CommonwealthSupreme Court of Pennsylvania · 1833

3Cited by8 opinions

  1. First National Bank & Trust Co. v. MillerSupreme Court of Pennsylvania · 1936
  2. Miners Sav. Bank of Pittston, Pa. v. United StatesDistrict Court, E.D. Pennsylvania · 1953
  3. Hopkins v. StockdaleSupreme Court of Pennsylvania · 1887
  4. Ernst's EstateSupreme Court of Pennsylvania · 1894
  5. Early v. ZeidersSupreme Court of Pennsylvania · 1890

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