Schnitzel's Appeal
Supreme Court of Pennsylvania
Appeal from the District Court of Philadelphia. This was an appeal, by Katrina Schnitzel, from the decree of the court below confirming the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of the real estate of Christian Schnitzel, deceased. The fund in court for distribution was $5020.42, part of which was distributed to unquestioned liens, without objection.
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Appeal from the District Court of Philadelphia. This was an appeal, by Katrina Schnitzel, from the decree of the court below confirming the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of the real estate of Christian Schnitzel, deceased. The fund in court for distribution was $5020.42, part of which was distributed to unquestioned liens, without objection. The only contest before the auditor was on the part of John Mast on account of a judgment in favour of Bernhard Gessler, president of The Gustav Adolph Building and Saving Fund Association, entered in the…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The auditor states and decides the question so well as to make it unnecessary for us to do more tha-n allude to the distinction taken by appellant’s counsel between this case and the authorities relied on by the auditor, especially the case of Potts v. Nathans, 1 W. & S. 155. The judgments against the principal and surety in that case were several, here it was joint. Berg and Mast were bound by the same judgment, and it is argued that Schnitzel became bail for them jointly, and therefore that Mast, by paying the judgment, acquired no…
2Cases cited1 opinion
- Pott v. NathansSupreme Court of Pennsylvania · 1841
3Cited by5 opinions
- Aetna Casualty & Surety Co. v. Board of SupervisorsSupreme Court of Virginia · 1933
- Fidelity & Deposit Co. v. BowenSupreme Court of Iowa · 1904
- Allegheny V. R. v. DickeySupreme Court of Pennsylvania · 1890
- Fidelity Deposit Co. of Maryland v. SlussIndiana Supreme Court · 1938
- Appeals of YeagerSupreme Court of Pennsylvania · 1887