Snodgrass' Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Common Pleas of Cumberland, distributing certain money arising from a sheriff’s sale. The property was sold on various executions. The first execution received by the sheriff was a fi. fa. for the use of Jules Hauel vs. Wm. D. E. Hayes and William A Kelso, for 161,36 and interest.
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This was an appeal from the decree of the Common Pleas of Cumberland, distributing certain money arising from a sheriff’s sale. The property was sold on various executions. The first execution received by the sheriff was a fi. fa. for the use of Jules Hauel vs. Wm. D. E. Hayes and William A Kelso, for 161,36 and interest. The levy by the sheriff on this execution is as follows: “ levied the interest of William A. Kelso in two horses, two stove wagons, two sleighs, cooking stoves, &c., held jointly by the said Kelso, with Jacob Fridley; advertised and sold said property, having in my hand at…
1Opinion of the Court
The opinion of the court was delivered by
Hell, J.
The right of Jules Hauel to take of the money in *473court, the amount called for by his execution is questioned only on the assertion that the judgment upon which the subsequent execution is founded, was given to secure the payment of partnership debts due from Fridley & Kelso to the appellants. As the fund for distribution arises from a sale of the partnership effects, the fact asserted is of the first importance, and must have been so esteemed throughout the inquiry. But no proof of it was given below, though the court pointed to the necessity…
2Cited by7 opinions
- Kemp v. Bowen (In Re Visiting Nurse Ass'n of Western Pennsylvania)District Court, W.D. Pennsylvania · 1992
- Miller v. BakerSupreme Court of Pennsylvania · 1894
- Christy v. SillSupreme Court of Pennsylvania · 1890
- Kemp v. Bowen (In Re Visiting Nurse Ass'n of Western Pennsylvania)United States Bankruptcy Court, W.D. Pennsylvania · 1989
- Foley v. Home Protective Co., Pennsylvania Court of Common Pleas, Montgomery County1955
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