Appeal of Adamson
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Greene county : Of October and November Term 1885, No. 56. This .was an appeal by W. S. Adamson and Jesse Hunnell & Co., from a decree of said' court overruling their exceptions to, and confirming the report of, .the Auditor appointed to distribute a fund arising from a sale of the personal property of Robert Dougherty. ■' The facts, as found by J. B. Donley, Esq., Auditor, were substantially as follows: In December, 1883, and for…
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Appeal from the Court of Common Pleas of Greene county : Of October and November Term 1885, No. 56. This .was an appeal by W. S. Adamson and Jesse Hunnell & Co., from a decree of said' court overruling their exceptions to, and confirming the report of, .the Auditor appointed to distribute a fund arising from a sale of the personal property of Robert Dougherty. ■' The facts, as found by J. B. Donley, Esq., Auditor, were substantially as follows: In December, 1883, and for somé years previous, Robert Dougherty carried on the business of manufacturing carriages in Waynes burg. On December 31st,…
1Opinion of the CourtJustice Stekijett
As separate and • independent claimants on the fund raised by the sheriff’s sale of Robert Dougherty’s personal property, appellants had no right to appeal jointly from the decree of distribution. Having no interest in common, they had no more right to prosecute an appeal jointly than they would have had to maintain a joint action at law against their debtor: White’s Appeal, 15 W. N. C., 313. The appellees, therefore, might have required them to elect which of the two would suffer a nonpros. ; but, instead of doing so, they moved to quash the appeal, as to Jesse Hunnell & Co., for the reason…
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- Shelley's EstateSupreme Court of Pennsylvania · 1927
- HAYES v. StephensonSuperior Court of Pennsylvania · 1960
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