Klopp v. Witmoyer
Supreme Court of Pennsylvania
Error, to the Common Pleas of Lebanon county. This was a proceeding in the court below under an attachment execution by Benneville Klopp against John Witmoyer and Philip Arentz, as garnishees of John IT. Witmoyer. The material facts of the case are as follows:— John Witmoyer and Philip Arentz entered up judgment-bonds against John H. Witmoyer on the 17th day of August 1858, and immediately issued executions thereon.
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Error, to the Common Pleas of Lebanon county. This was a proceeding in the court below under an attachment execution by Benneville Klopp against John Witmoyer and Philip Arentz, as garnishees of John IT. Witmoyer. The material facts of the case are as follows:— John Witmoyer and Philip Arentz entered up judgment-bonds against John H. Witmoyer on the 17th day of August 1858, and immediately issued executions thereon. At the. time the writs were issued John H. Witmoyer kept a lumber and coal yard. By directions of plaintiffs’ attorney, all the lumber and coal were put up in gross, and bought in…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The plaintiff in error and defendant below can only succeed by showing that the sheriff’s sale, under the execution of the defendant, was absolutely void. If it was only irregular and voidable, he is not in a position to question it. He was neither an execution or a judgment creditor of John II. Witmoyer when the sale was made, nor was his suit commenced until more than seven months afterwards. The contest in -the court below, therefore, very properly was, whether the sale was fraudulent in fact, or so conducted that the law pronounced it…
2Cases cited4 opinions
- Tifft v. BartonNew York Supreme Court · 1847
- Perkins v. SpauldingMichigan Supreme Court · 1851
- Strong v. BradleySupreme Court of Vermont · 1842
- Rowley v. BrownSupreme Court of Pennsylvania · 1803