Harris Bros. v. Dammann

Judgment was rendered for the plaintiff below, and execution levied upon goods in the defendant’s store. The la ndlord of the pref uses, Meyer Silver, made application to the court below, by motion, to direct the marshal to apply $100 of the proceed! of the'sale of the goods to the payment of rent for the month of March, 1883. An order was made as prayed, and'an appeal taken from that order by the execution creditor.

The circumstances that are material to the question are as follows: As far back as the 6th of February, 1883, Michael Holtzman, who had a judgment against the same defendant,…