Lowber & Wilmer's Appeal
Supreme Court of Pennsylvania
APPEAL from the decree of the District Court for the city and county of Philadelphia, distributing moneys arising from the sheriff’s sale of personal property under several executions.
Read the full summary
APPEAL from the decree of the District Court for the city and county of Philadelphia, distributing moneys arising from the sheriff’s sale of personal property under several executions. The property levied on and sold on the 24th October 1839, consisted of machinery, &c., formerly the property of Robert W. Richardson & Co., a firm composed of Robert W. Richardson, Samuel R. Wood and Richard Blundin, and used by them in their factory at Manayunk, all the partners being equally interested therein. On the 20th May 1839 the partnership was dissolved by these partners by an agreement in writing…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
It is unnecessary to notice all the different points raised and discussed in this case, as there is one which, when rightly decided, will dispose of the whole of it. Because it is clear, if it was competent only for the defendants named in the execution in favour of Lowber & Wilmer and for no others to object to the validity of it, that the decree of the court below must be reversed and a decree passed in favour of Lowber & Wilmer, who sued out and placed their execution first in the hands of the sheriff. The execution issued in favour of…
2Cases cited6 opinions
- Lewis v. SmithSupreme Court of Pennsylvania · 1815
- Meason's EstateSupreme Court of Pennsylvania · 1835
- In re the Estate of DyottSupreme Court of Pennsylvania · 1841
- Stewart v. StockerSupreme Court of Pennsylvania · 1832
- Stewart v. StockerSupreme Court of Pennsylvania · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Simon v. SorrentinoSuperior Court of Pennsylvania · 1941
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Kummerle v. CainSuperior Court of Pennsylvania · 1923
- Wilkinson's AppealSupreme Court of Pennsylvania · 1870
- Sheetz v. WynkoopSupreme Court of Pennsylvania · 1873
2 more not listed; retrieve them via the Exa API.