Bayard's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Greene county: No. 140, to October and November Term 1872. In the distribution of the proceeds of the sheriff’s sale of the ■ franchises, &c., of the Waynesburg Turnpike Road Company.
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Appeal from the Court of Common Pleas of Greene county: No. 140, to October and November Term 1872. In the distribution of the proceeds of the sheriff’s sale of the ■ franchises, &c., of the Waynesburg Turnpike Road Company. To April Term 1871, No. 3, of the Court of Common Pleas of Greene county, John S. Bayard issued a fi. fa., under which the sheriff levied on all the property, franchises, &c., of the Waynesburg Turnpike Road Company; other fi. fas. were afterwards issued and the property, franchises, &c., sold under all the executions for 17250. This fund was brought into court and its…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
— The Act of 7th April 1870, Pamph. L. 58, under which the property and franchises of the corporation in this case were sold, superseded the remedy by sequestration, under the Act of 16th June 1836, of which it is a supplement, and to this extent supplied its provisions: Philadelphia & Baltimore Central Railroad Company’s Appeal, 20 P. F. Smith 355. Instead of sequestration based on the return of an unsatisfied execution, as pro*454vided by the Act of 1836, it authorizes the levy and sale by execution, of the property, franchises and rights of…
2Cited by6 opinions
- Guest v. Merion Water Co., Pennsylvania Court of Common Pleas, Montgomery County1891
- Cresson & Clearfield Coal & Coke Co. v. StaufferCourt of Appeals for the Third Circuit · 1906
- Reynolds v. Reynolds Lumber Co.Supreme Court of Pennsylvania · 1895
- In re International Coal Mining Co.District Court, E.D. Pennsylvania · 1906
- Fidelity Title & Trust Co. v. Schenley Park & Highlands Railway Co.Supreme Court of Pennsylvania · 1899
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