Legal Opinion

Stutzman's Assigned Estate

Pennsylvania Court of Common Pleas, Cambria County

Decided March 1, 1922Published

Petition for rule to show cause why an order of public sale should not be granted and execution stayed. C. P. Cambria Co., Dec. T., 1921.

1Opinion of the Court

Evans, P. J.,

In answer to the petition filed in this case, one of the lien creditors, the Union National Bank of Johnstown, set up (1) that W. S. Stutzman was not a resident of the State of Pennsylvania, and, therefore, not entitled to a stay of execution; (2) that the assignee had no right in law to have execution stayed; and (3) that it was not to the manifest interest of all parties that the assignee be permitted to make public sale of the assigned property.

Prom the testimony taken it appeared that the assignor had been living in the State of Ohio, together with his wife and family, since…

2Cases cited4 opinions

  1. Philadelphia Trust Co. v. Northumberland County Traction Co.Supreme Court of Pennsylvania · 1917
  2. Galey v. GuffeySupreme Court of Pennsylvania · 1915
  3. Strawn v. IamsSupreme Court of Pennsylvania · 1915
  4. Pauley's EstateSupreme Court of Pennsylvania · 1892

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