Sullivan v. Tinker
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 177 July Term 1890, Sup. Ct.; court below, No. 1087 December Term 1887, C. P. No. 3. On February 24,1888, judgment was entered in the court below in favor of Sullivan, Harter & Co., against Charles F. Tinker, upon a single bill, with a warrant to confess judgment, for $524.72, dated February 23, 1888, and payable one day after date.
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APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 177 July Term 1890, Sup. Ct.; court below, No. 1087 December Term 1887, C. P. No. 3. On February 24,1888, judgment was entered in the court below in favor of Sullivan, Harter & Co., against Charles F. Tinker, upon a single bill, with a warrant to confess judgment, for $524.72, dated February 23, 1888, and payable one day after date. Execution was at once issued upon the judgment, and the sheriff levied on the goods of the defendant subject to a prior levy in favor of Wright Bros. & Co., and on March 5, 1888,…
1Per curiam
If the court below was right in awarding the feigned issue, the distribution of the fund is also correct, as it was made in strict accord with the finding of the jury. ■ The application for the issue was made by Kohl, as trustee for certain judgment creditors of Charles F. Tinker, and the ground of it was that the judgment confessed by Tinker to the appellants was collusive, and given for the purpose of hindering and delaying the creditors of Tinker. The jury have found that it was given for such purpose. It was urged, however, that the judgment creditors had no standing to claim an issue,…
2Cases cited2 opinions
- Herron's AppealSupreme Court of Pennsylvania · 1857
- Rudy v. CommonwealthSupreme Court of Pennsylvania · 1860
3Cited by5 opinions
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- Smyth v. LevySuperior Court of Pennsylvania · 1897
- Blair Motor Car Co. v. Mervine, Pennsylvania Court of Common Pleas, Bedford County1944
- Menich v. Bizic, Pennsylvania Court of Common Pleas, Beaver County1921
- Wheatcroft v. SMITHSuperior Court of Pennsylvania · 1976