Schmidt v. Faiella

BUCKINGHAM, J.,

—This case involves an appeal from the sheriffs determination that certain personalty upon which levy had been made pursuant to a judgment in the above case was *68jointly owned by defendant and his wife and was not the sole property of defendant. Defendant has filed a motion for summary judgment on the ground that the case is rendered moot because of a prior levy on the same personalty held by a third party.

The other levy stems from a case captioned to January term, 1975, no. 2293. Judgment was entered in that case for $41,430 against both defendant, Michael Faiella, and his…