Schmucker v. Lawler
Superior Court of Pennsylvania
Appeal, No. 107, Oct. T., 1908, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 5,087, entering judgment against garnishee on answers in case of Nicholas J. Schmucker and Winfield S. Keck, copartners, trading as Schmucker, Keck & Co., v. Amelia E. Lawler et al. Rule for judgment against garnishee in attachment execution on answers. The opinion of the Superior Court states the case.
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Appeal, No. 107, Oct. T., 1908, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 5,087, entering judgment against garnishee on answers in case of Nicholas J. Schmucker and Winfield S. Keck, copartners, trading as Schmucker, Keck & Co., v. Amelia E. Lawler et al. Rule for judgment against garnishee in attachment execution on answers. The opinion of the Superior Court states the case. Error assigned was in entering judgment against the garnishee in attachment execution.
1Opinion of the Court
Opinion by
Henderson, J.,
The effect of the Act of March 28,1905, P. L. 62, was to render fraudulent and voidable a sale in bulk of merchandise or fixtures or both as against any creditor of the seller who institutes an appropriate proceeding to invalidate such sale. As to such creditor merchandise sold is liable to execution as if no sale had taken place. The act does not prescribe a particular mode of procedure against such property, and the remedy of the creditor is that which existed in favor of judgment creditors before the act was passed. The process known as an attachment execution was…
2Cases cited1 opinion
- Wilson v. EdwardsSuperior Court of Pennsylvania · 1907
3Cited by7 opinions
- Miller v. MyersSupreme Court of Pennsylvania · 1930
- International S Co (Et Al) v. DuttenhoferSuperior Court of Pennsylvania · 1935
- Schumacher-Binzley Co. v. RiddleSuperior Court of Pennsylvania · 1912
- Miller v. T. I. C. Consumer Discount Co., Pennsylvania Court of Common Pleas, Adams County1949
- Ream v. Johnstown Grocery Co., Pennsylvania Court of Common Pleas, Cambria County1940
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