Mentz v. Hamman
Supreme Court of Pennsylvania
APPEAL. This was an appeal by George W. Mentz & Son, from a decree of the Court of Common Pleas of Northampton County, in the matter of the distribution of certain money arising from the cale of the goods of Henry Hamman, under two writs of fieri facias. The facts appeared to be as follows.
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APPEAL. This was an appeal by George W. Mentz & Son, from a decree of the Court of Common Pleas of Northampton County, in the matter of the distribution of certain money arising from the cale of the goods of Henry Hamman, under two writs of fieri facias. The facts appeared to be as follows. On the 25th of August, 1838, judgment was entered by confession, in the Court of Common Pleas of Northampton, in favour of George W. Mentz & Son, against Henry Hamman, for the sum of thirty-six hundred and ninety-six dollars, being the penalty of a bond given by the latter to the former. On the 30th of…
1Opinion of the Court
, The opinion of the Court was delivered by
Rogers, J.
In all cases of sale upon execution, where there is a dispute concerning the distribution of the money, the Court from which the execution issues, have power td determine the same, according to law and equity. Act of 16th June, 1836. The money in this case was brought into Court, under the authority of that act, and the question is, to whom it rightfully belongs. It has been repeatedly ruled, that an order given by an execution creditor to the sheriff, to stay all further proceedings on his execution, until further directions, is a w'aiver…
2Cases cited3 opinions
- Eberle v. MayerSupreme Court of Pennsylvania · 1829
- Diller v. RobertsSupreme Court of Pennsylvania · 1825
- Blythe v. RichardsSupreme Court of Pennsylvania · 1823
3Cited by14 opinions
- Dixon v. White Sewing M. Co., Pennsylvania Court of Common Pleas, Cumberland County1889
- Bennethum v. Bowers, Pennsylvania Court of Common Pleas, Berks County1890
- Governor v. BancroftSupreme Court of Alabama · 1849
- Kleckner v. County of LehighSupreme Court of Pennsylvania · 1841
- Wattson v. . CampbellNew York Court of Appeals · 1868
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