Bixler & Correll v. Kresge & Green
Supreme Court of Pennsylvania
Appeal No. 37, Jan. T., 1895, by Bixley & Correll, from order of C. P. Monroe Co., confirming auditor’s report, distributing proceeds of sheriff’s sale. Exception to auditor’s report. The fund for distribution was raised by the sale of the personal property of Jefferson D. Kresge and of the alleged firm of Jefferson D. Kresge and Oscar Green.
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Appeal No. 37, Jan. T., 1895, by Bixley & Correll, from order of C. P. Monroe Co., confirming auditor’s report, distributing proceeds of sheriff’s sale. Exception to auditor’s report. The fund for distribution was raised by the sale of the personal property of Jefferson D. Kresge and of the alleged firm of Jefferson D. Kresge and Oscar Green. The auditor, reported the facts to be as follows: “ The validity of the following labor claims was contested, for the following reasons:— “That of Oscar Green, because he was a partner in the firm of Kresge & Green, and one of the defendants in the…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The act of June 12, 1879, P. L. 176, gives a preference in the distribution of the proceeds of sheriff’s sales of saw logs, or of sales made by assignees for the benefit of creditors, for all moneys due for cutting, skidding, hauling and driving of saw logs, limiting the amount to $200 to any one laborer. In this case there was a sale by the sheriff under executions, of a stock of saw logs and lumber inter alia, and two laborers gave notice to the sheriff of their claims, in due form as required by the act. Charles Eschenbaugh claimed a lien for two hundred…
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