Legal Opinion

Thomas v. E. C. Mutter Construction Co.

Supreme Court of Pennsylvania

Decided March 13, 1962No. Appeals, Nos. 438 and 469PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Mr. Justice Benjamin R. Jones,

Two questions are herein presented: (1) may a writ of ne exeat issue against an executive officer of a corporation to enforce satisfaction of a money decree entered by the court only against the corporation? (2) if the writ may so issue, was its issuance and continuance justified in the instant factual situation?

Enoch H. Thomas, Jr. (Thomas), court-appointed receiver of Skyline Construction Company, instituted an equity action1 in the Court of Common Pleas of Luzerne County against E. C. Mutter Construction Co., Inc. (Mutter Company), a Rhode Island…

2Cases cited5 opinions

  1. D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
  2. Jamestown Iron & Metal Co. v. KnofskySupreme Court of Pennsylvania · 1927
  3. Vierling v. BaxterSupreme Court of Pennsylvania · 1928
  4. Elkay Steel Co. v. CollinsSupreme Court of Pennsylvania · 1958
  5. In re Foster Const. Corp.Court of Appeals for the Second Circuit · 1931

3Cited by2 opinions

  1. Hobbs & Company, Inc. v. American Investors Management, Inc. And Harry M. WeenigCourt of Appeals for the Third Circuit · 1978
  2. Lamp v. Lamp, Pennsylvania Court of Common Pleas, Somerset County1984

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