Gamble v. Woods
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. Robert Woods, holding a judgment against Robert S. Foster, deceased, issued a fi. fa. against his executor, on which certain real estate of the decedent was levied on, and, being about to be sold by the sheriff, Gamble, Slacker & Co., on the 25th of November presented a petition to the District Court of Allegheny county, setting forth the levy, and that they were interested in the judgment in this: “ That in the lifetime of…
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Error to the District Court of Allegheny county. Robert Woods, holding a judgment against Robert S. Foster, deceased, issued a fi. fa. against his executor, on which certain real estate of the decedent was levied on, and, being about to be sold by the sheriff, Gamble, Slacker & Co., on the 25th of November presented a petition to the District Court of Allegheny county, setting forth the levy, and that they were interested in the judgment in this: “ That in the lifetime of the defendant, Robert S. Foster, Foster united with Peter Haberman in granting to your petitioners a right of Avay, in…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The 1st assignment of error in this case is, i£ that the court erred in refusing to stay proceedings on the fieri facias.” The supposed proof of this error, is the petition and affidavit of the plaintiff, alleging an interest in the property levied on under the ££ fi. fa.,” which was deemed insufficient by the court as a reason for interfering with the execution. But how do the petition and affidavit get before us ? They are no part of the record. This is too manifest for argument; nor is there any bill of exception that will bring them…
2Cited by4 opinions
- National Council of the Junior Order of United American Mechanics v. RobersonSuperior Court of Pennsylvania · 1969
- Stephens v. AddisSuperior Court of Pennsylvania · 1902
- Perret v. LepperSupreme Court of Pennsylvania · 1910
- Kramer v. Chapel Lawn Memorial Park, Inc., Pennsylvania Court of Common Pleas, Luzerne County1957