Legal Opinion

Platt-Barber Co. v. Groves

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 22Published

Appeal, No. 22, April T., 1898, hy plaintiffs, from decree of C. P. Jefferson Co., May T., 1896, No. 123, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. Before Reed, P. J. The facts sufficiently appear in the opinion of the court.

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Appeal, No. 22, April T., 1898, hy plaintiffs, from decree of C. P. Jefferson Co., May T., 1896, No. 123, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. Before Reed, P. J. The facts sufficiently appear in the opinion of the court. The court below entered the following decree: [April 24, 1897, argued and c. a. v. May 3, 1897, upon a careful examination of the authorities cited, we think the fund for distribution was properly awarded to the writ of Edward Crawford, Assignee, v. Thomas Groves, No. 40, May term, 1896, because the levy and sale was made on that writ…

1Opinion of the Court

Opinion by

Orlady, J.,

On March 2, 1896, Edward Crawford issued to Nos. 40 and 41 of May term, 1896, executions against Thomas Groves aggregating $2,260, and placed them in the sheriff’s hands at *602'7 P. M. of that clay. The personal property of the defendant consisted of a horse, wagon, harness and goods in a store conducted by the defendant at Fall Creek.

These writs were held without any levy being made thereunder until April 20, 1896 when Platt-Barber Co. entered a judgment against the defendant, issuedafi. fa. thereon to No. 123, May term, 1896, and delivered it to the sheriff.

On April 20,…

2Cases cited6 opinions

  1. Commonwealth ex rel. Reynolds v. StrembackSupreme Court of Pennsylvania · 1832
  2. M'Clelland v. SlingluffSupreme Court of Pennsylvania · 1844
  3. Parys & Co.'s AppealSupreme Court of Pennsylvania · 1862
  4. Stroudsburg Bank v. MillerSupreme Court of Pennsylvania · 1889
  5. Pierce v. EvansSupreme Court of Pennsylvania · 1869

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