Assigned Estate of Hanika
Supreme Court of Pennsylvania
APPEAL BY MALONEY BROTHERS EROM THE COURT OE COMMON PLEAS NO. 2 of ALLEGHENY COUNTY. No. 118 October Term 1890, Sup. Ct.; court below, No. 449 January Term 1889, C. P. No. 2. On December 22, 1888, the account of George H. Lepper, assignee for the benefit of creditors of Frank Hanika, was confirmed nisi. No exceptions being filed, the confirmation was made absolute, and Mr. R. JE. Stewart appointed auditor to report a distribution of the fund.
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APPEAL BY MALONEY BROTHERS EROM THE COURT OE COMMON PLEAS NO. 2 of ALLEGHENY COUNTY. No. 118 October Term 1890, Sup. Ct.; court below, No. 449 January Term 1889, C. P. No. 2. On December 22, 1888, the account of George H. Lepper, assignee for the benefit of creditors of Frank Hanika, was confirmed nisi. No exceptions being filed, the confirmation was made absolute, and Mr. R. JE. Stewart appointed auditor to report a distribution of the fund. On March 18, 1890, the auditor filed a report finding that the fund for distribution, to wit, $448.20, was the balance of money derived from the sale of…
1Opinion of the Court
Per Curiam :
There was no evidence before the auditor which would have justified him in postponing appellee’s judgment, in the distribution. It is true, the execution thereon was prematurely issued, but this was an irregularity of which only the defendant in the execution could take advantage: Wilkinson’s App., 65 Pa. 189. A judgment can be attacked by creditors collaterally only upon the ground of fraud and collusion to hinder and delay them. The charge of such fraud and collusion was made, but the auditor and court below have not sustained it, in which they were clearly right.
The decree is…
2Cases cited1 opinion
- Wilkinson's AppealSupreme Court of Pennsylvania · 1870
3Cited by3 opinions
- State ex rel. Newell v. District Court in & for Third DistrictUtah Supreme Court · 1910
- Fees v. ShadelSuperior Court of Pennsylvania · 1902
- Sondheimer v. Fox, Pennsylvania Court of Common Pleas, Lancaster County1902