Legal Opinion

Keim's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1856PublishedCited by 5 opinions

Appeal from the decree of the Court of Common Pleas of Berks county. Daniel De B. Keim on the 8th May, 1834, made a voluntary assignment of all his property to Benneville Keim for the benefit of creditors.

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Appeal from the decree of the Court of Common Pleas of Berks county. Daniel De B. Keim on the 8th May, 1834, made a voluntary assignment of all his property to Benneville Keim for the benefit of creditors. The assignee filed his account in the' Common Pleas of Berks county, on which auditors were appointed, who made a report on the 1st January, 1845. Exceptions were filed, and were pending until the 27th June, 1854, when they were dismissed by the court, and the report confirmed. On the 12th August, 1854, distribution was decreed according to the report. At the time of the assignment Daniel…

1Opinion of the Court

The opinion of the court was delivered by

Black, J.

The appellant was appointed assignee of D. De B. Keim for the benefit of creditors, in 1834. His account was filed and auditors appointed to adjust it in 1840. Auditors made made report in 1845. Report confirmed in 1854. In 1855 the appellant petitioned the court to take off the confirmation, which was refused, and he appealed in 1856.

The statute (see Purd. Big. 805) requires an appeal in such a case as this to be taken in one year from the date of the decree. The decree confirming the auditor’s report was much more than a year old at the time…

2Cited by5 opinions

  1. McCready v. GansSupreme Court of Pennsylvania · 1913
  2. Chambersburg Trust Co. v. AlexanderSuperior Court of Pennsylvania · 1931
  3. Haller's CaseSuperior Court of Pennsylvania · 1910
  4. Groff v. City Saving Fund & Trust Co.Superior Court of Pennsylvania · 1909
  5. Adelston, D. v. Wilson, A.Superior Court of Pennsylvania · 2017

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