Kelly v. Herb
Supreme Court of Pennsylvania
Appeal, No. 318, Jan. T., 1893, by William F. Greenoff, from decree of C. P. Berks Co., Equity Docket, No. 538, in case of Ellen Kelly et al. v. Henry P. Herb and William F. Greenoff, partners, awarding preliminary injunction. Bill to restrain distribution of proceeds of sheriff’s sale.
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Appeal, No. 318, Jan. T., 1893, by William F. Greenoff, from decree of C. P. Berks Co., Equity Docket, No. 538, in case of Ellen Kelly et al. v. Henry P. Herb and William F. Greenoff, partners, awarding preliminary injunction. Bill to restrain distribution of proceeds of sheriff’s sale. The bill averred that defendants, Herb & Greenoff, had confessed judgment to W. F. Greenoff, to defraud their creditors, and that the firm property had "been sold under an execution issued on the judgment. The bill prayed (1) for a receiver, (2) that an injunction might issue to restrain distribution of the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
As we view this case, it is unnecessary to consider separately the several allegations of the bill or to inquire whether they are sufficiently denied by the answers. As the case now stands the material question for us to determine is whether the court below erred in awarding and continuing “ a preliminary injunc*42tion restraining Wm. F. Greenoff from receiving and Elias Baker, sheriff, from paying out any money realized on the execution of W. F. Greenoff against Herb & Greenoff to No. 8, September term, 1891.” This execution was issued upon a judgment which the…
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- Artman v. GilesSupreme Court of Pennsylvania · 1893
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- Assigned Estate of WrightSupreme Court of Pennsylvania · 1897