Delaware R. v. Amity Coal Co.
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY. No. 219 January Term 1889, Sup. Ct.; court below, levari facias No. 29 October Term 1885, C. P. Tbe facts of this case, tbe report of Mr. J. 3. Torrey, auditor, the exceptions filed, the request for an issue on the part of A. Ryman & Sons, and the opinion and decree of the court below, fully appear in the report of Harman’s Appeal, ante, 624. The opinion and the decree of the court below being filed, A. Ryman…
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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY. No. 219 January Term 1889, Sup. Ct.; court below, levari facias No. 29 October Term 1885, C. P. Tbe facts of this case, tbe report of Mr. J. 3. Torrey, auditor, the exceptions filed, the request for an issue on the part of A. Ryman & Sons, and the opinion and decree of the court below, fully appear in the report of Harman’s Appeal, ante, 624. The opinion and the decree of the court below being filed, A. Ryman & Sons took this appeal assigning as error, specially: 1. The order of the court dismissing their several exceptions…
1Opinion of the Court
Opinion,
Mb. Justice Sterbett:
One of the questions, involved in several of the specifications, is whether the learned master and court below did not err in finding that the claim of appellants was not filed in time, and therefore invalid as a lien on the property, from the sale of which the fund for distribution was raised.
Precisely the same question, depending on substantially the same evidence, has been considered in Harman & Hassert’s Appeal from same decree, and decided adversely to appellants’ contention. For reasons briefly stated in the opinion just filed in that case, at No. 179 of…
2Cases cited3 opinions
- Lacock v. WhiteSupreme Court of Pennsylvania · 1852
- Souder's AppealSupreme Court of Pennsylvania · 1868
- Dickerson & Haven's AppealSupreme Court of Pennsylvania · 1847
3Cited by1 opinion
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909