Davis Coal & Coke Co. v. Hess
Superior Court of Pennsylvania
Appeal, No. 64, Oct. T., 1905, by defendant, from order of O. P. Lebanon Co., June T., 1904, No. 269, discharging rule to stay execution in case of The Davis Coal & Coke Company v. Abram Hess and J. Lansing Mines. Rule to stay execution. Before Ehrgood, P. J. The opinion of the Superior Court states the case. Error assigned was the order of the court discharging rule to stay execution.
1Opinion of the Court
Option by
Rice, P. J.,
In the decree of the circuit court of the United States appointing the defendants receivers of the Lebanon Iron and Steel Company, the company, its officers, agents and employees and all other persons were enjoined from interfering with the possession of the receivers. Later, the circuit court authorized the receivers to continue the business of the company, and in so doing they contracted the debt for which the plaintiff brought suit and obtained this judgment. Immediately thereafter, and without obtaining leave of the federal court, the plaintiff issued a fi. fa., by…
2Cases cited10 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- In Re TylerSupreme Court of the United States · 1893
- Dillingham v. RussellTexas Supreme Court · 1889
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
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3Cited by1 opinion
- Triffin v. Interstate Printing Co., Inc.Supreme Court of Pennsylvania · 1986