Atherholt v. Atherholt
Superior Court of Pennsylvania
Appeal, No. 124, Oct. T., 1897, by United States Glass Company, from order of C. P. No. 3, Phila. County, June T., 1897, No. 1032, refusing an issue. Petition to pay fund arising from a sheriff’s sale into court, and for rule to show cause why the sheriff’s sale should not be set aside. The petition in support of the rule alleged that the United States Glass Company on July 24,1897, issued a writ of attachment under the act of 1869 out of C. P. No. 4, Phila.
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Appeal, No. 124, Oct. T., 1897, by United States Glass Company, from order of C. P. No. 3, Phila. County, June T., 1897, No. 1032, refusing an issue. Petition to pay fund arising from a sheriff’s sale into court, and for rule to show cause why the sheriff’s sale should not be set aside. The petition in support of the rule alleged that the United States Glass Company on July 24,1897, issued a writ of attachment under the act of 1869 out of C. P. No. 4, Phila. Co., as of June term, 1897, No. 626 for the sum of $497.78, and by virtue of the same attached all the property and effects of the…
1Opinion of the Court
Opinion by
Beaver, J.,
The act of assembly relating to executions, approved June 16, 1836, P. L. 755, in its 87th section provides: “If any fact connected with such distribution (arising from sale upon execution) shall be in dispute, the court shall, at the request in writing of any person interested, direct an issue to try the same, and the judgment upon such issue shall be subject to a writ of error in like manner as other cases wherein writs of error now lie.” A proviso to the second section of the Act of April 20, 1846, P. L. 411, directs “ that, before an issue shall be directed upon the…
2Cases cited2 opinions
- Moore v. Dunn & FellSupreme Court of Pennsylvania · 1892
- Hagy v. PoikeSupreme Court of Pennsylvania · 1894