Robinson, Minis & Miller's Appeal
Supreme Court of Pennsylvania
Appeal from the District Court of Allegheny county. This was an appeal by Robinson, Minis & Miller, from the decree of the court below, distributing the proceeds of a sheriff’s sale of the personal property of Porter, Rolfe & Sweet, and refusing their application for an issue.
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Appeal from the District Court of Allegheny county. This was an appeal by Robinson, Minis & Miller, from the decree of the court below, distributing the proceeds of a sheriff’s sale of the personal property of Porter, Rolfe & Sweet, and refusing their application for an issue. The facts of the case are fully stated in the following opinion delivered in the court below by Williams, J.:— “ This is an application by Robinson, Minis & Miller, for a feigned issue to try the validity of two judgments in favour of Dilworth & Bidwell, and of Everson, Preston & Co. for the use of Dilworth & Bidwell,…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
In affirming the opinion and decree of the court, we mean to be understood as deciding, that, to obtain an issue under the Acts of Assembly, relative to the distribution of the proceeds of sheriffs’ sales, it’ is not enough for a creditor to swear that the judgment, which is in his way, was confessed by *84collusion between the parties thereto, and for the purpose of hindering and delaying- certain other creditors; but he must set forth, in his affidavit, that there are material facts in dispute, and also the nature and character of such facts.
2Cited by1 opinion
- Assigned Estate of WrightSupreme Court of Pennsylvania · 1897