Koren v. Roemheld

Although in the order of delivery to the sheriff of the respective executions in question, that of appellant was unquestionably prior in time, yet on appellee’s application to the court for an order that the proceeds of the execution sale of the judgment debtor’s goods be applied upon his execution, they being insufficient to satisfy either, the court, on the first hearing of such application, decided in appellee’s favor on the ground that appellant’s execution was dormant and to be postponed to that of appellee, by reason of alleged directions given on behalf of appellant, to the sheriff, at…