Legal Opinion

Stroudsburg Bank v. Miller

Supreme Court of Pennsylvania

Decided May 27, 1889No. 149PublishedCited by 5 opinions

FROM THE DECREE OF THE COURT OF COMMON PLEAS OF MONROE COUNTY. No. 149 July Term 1887, Sup. Ct.; court below, No. 12 December Term 1886, Fi.

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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF MONROE COUNTY. No. 149 July Term 1887, Sup. Ct.; court below, No. 12 December Term 1886, Fi. Fa. sur judgment No. 34 December Term 1886, C. P. Two judgments had been entered against Thomas Miller; one in favor of D. H. Wilson & Co. at No. 131 May Term 1884, and the other in favor of the Stroudsburg Bank, at No. 34 December Term 1884. On October 2, 1886, a writ of fieri facias issued upon the judgment of D. H. Wilson & Co. and was placed in the sheriff’s hands. Before any levy was made under this writ, on October 20, 1886, a writ of fieri facias…

1Opinion of the Court

Opinion,

Ms. Justice Clank:

The question in this case arises upon an appeal from 'the decree of the Court of Common Pleas of Monroe county, distributing the proceeds of the sheriff’s sale of the personal property of Thomas Miller. The fieri facias issued upon the judgment of D. H. Wilson & Co., came into the sheriff’s hands October 2, 1886; the writ of the Stroudsburg Bank, October 20th, thereafter. The sheriff made no levy under the Wilson writ until the bank writ came info his hands; indeed, it does not appear by the record that a levy was at any time made on the former writ.

The sheriff…

2Cases cited8 opinions

  1. Landis v. EvansSupreme Court of Pennsylvania · 1886
  2. Eberle v. MayerSupreme Court of Pennsylvania · 1829
  3. M'Clelland v. SlingluffSupreme Court of Pennsylvania · 1844
  4. Freeburger's AppealSupreme Court of Pennsylvania · 1861
  5. Lowry v. CoulterSupreme Court of Pennsylvania · 1848

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Platt-Barber Co. v. GrovesSupreme Court of Pennsylvania · 1899
  2. Wadas v. SharpSuperior Court of Pennsylvania · 1905
  3. Sweet v. WilliamsSupreme Court of Pennsylvania · 1894
  4. In re LynchDistrict Court, E.D. Pennsylvania · 1914
  5. Platt-Barber Co. v. GrovesSuperior Court of Pennsylvania · 1898

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