Kendig's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of York county: No. Ill, of May Term 1876, distributing the proceeds of the sheriff’s sale of the real estate of Frederick S. Fry, confirming the report of the auditor distributing said proceeds, and discharging rule on Daniel A. Rupp.
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Appeal from the decree of the Court of Common Pleas of York county: No. Ill, of May Term 1876, distributing the proceeds of the sheriff’s sale of the real estate of Frederick S. Fry, confirming the report of the auditor distributing said proceeds, and discharging rule on Daniel A. Rupp. Eli Kendig, the appellant, obtained a judgment in the Common Pleas, upon a warrant of attorney for the sum of $2396, entered upon the docket on the 1st day of June 1871, which was regularly indexed in the judgment docket. Execution issued thereon November 25th 1874, continued by venditioni exponas, January…
1Opinion of the CourtChief Justice Agnew
These appeals are presented in the same paper-book, and were argued together pretty much as if they were one case. But they are quite distinct. One is an appeal from a decree in a proceeding to distribute the proceeds of a sheriff’s sale of real estate; the other from an application by one judgment-creditor against another, to correct the entry of a judgment .of the latter in the judgment index. In each case the gravamen of the complaint is that the prothonotary had at a late day entered an award of arbitrators of Daniel A. Rupp on the judgment index to the prejudice of Eli Kendig, whereby…
2Cited by3 opinions
- Nelson v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1934
- Sicardi v. Keystone Oil Co.Supreme Court of Pennsylvania · 1892
- Capece v. Bushinski, Pennsylvania Court of Common Pleas, Lehigh County1922