Holshue v. Morgan
Supreme Court of Pennsylvania
Appeals Nos. 75 and 76, July T., 1895, by Galen F. Holshue, and by C. H. Gleason, trustee, junior execution creditors, from orders of O. P. Northumberland Co., July T., 1895, Nos. 113 and 129, Feb. T., 1895, refusing to set aside a prior writ of execution. Rule to set aside execution. From the record it appeared that on December 5, 1894, a writ of fi. fa. was issued on the prgecipe of C. O. Burkert, Esq., attorney of the Hooven Mercantile Company, against W. T. Morgan.
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Appeals Nos. 75 and 76, July T., 1895, by Galen F. Holshue, and by C. H. Gleason, trustee, junior execution creditors, from orders of O. P. Northumberland Co., July T., 1895, Nos. 113 and 129, Feb. T., 1895, refusing to set aside a prior writ of execution. Rule to set aside execution. From the record it appeared that on December 5, 1894, a writ of fi. fa. was issued on the prgecipe of C. O. Burkert, Esq., attorney of the Hooven Mercantile Company, against W. T. Morgan. Burkert was a member of the Schuylkill county bar, but not a member of the Northumberland county bar. Subsequent writs of…
1Opinion of the Court
Per Curiam,
Whether Mr. Burkert was a member of the bar admitted to practice in the courts of Northumberland county at the time the judgment of the Hooven Mercantile Co. was entered and the fi. fa. thereon was issued, or not, it is very certain he acted as the authorized agent of the plaintiff in what he did and without anjr objection or dissent on the part of the defendant. As a matter of fact the prothonotary did issue the writ of fi. fa. on the judgment, and when it came into the hands of the sheriff it was the lawful process of the court in due form, which he was as much bound to execute…
2Cited by5 opinions
- Schifrin v. Chenille Mfg. Co.Court of Appeals for the Second Circuit · 1941
- Fischer v. WoodruffSupreme Court of Pennsylvania · 1916
- Milleisen v. SensemanSuperior Court of Pennsylvania · 1897
- Home Savings Fund v. KingSuperior Court of Pennsylvania · 1934
- Silverstein v. Cohen, Pennsylvania Court of Common Pleas, Northampton County1928