Stern's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Luzerne county: To January Term 1870: In the matter of the distribution of the proceeds of sheriff’s sale of the personal property of Abraham Lorentz. The fund for distribution amounted to $548.60, of which, after payment of costs and expenses of audit, $104 were appropriated by the auditor, II.
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Appeal from the decree of the Court of Common Pleas of Luzerne county: To January Term 1870: In the matter of the distribution of the proceeds of sheriff’s sale of the personal property of Abraham Lorentz. The fund for distribution amounted to $548.60, of which, after payment of costs and expenses of audit, $104 were appropriated by the auditor, II. W. Palmer, Esq., without objection, to the payment of rent due by the defendant, leaving a balance of $852.59 to be appropriated to the execution-creditor entitled. Jacob Stern recovered a judgment against Lorentz for $2000. On the 29th of June…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
— The auditor appointed by the court below to make distribution of the proceeds of the sale of the property of the defendant made on the executions of the appellant and the appellee, awarded what remained after payment of the costs on the writ, and a claim for rent due the appellant the landlord, to the execution of the appellee. The writ of the former was first in the sheriff’s hands, but the auditor, on the hearing, found that his writ, like two preceding executions issued by him against the defendant, was not with the intent to…
2Cited by9 opinions
- Vichosky v. BoucherSuperior Court of Pennsylvania · 1948
- In Re Associated Gas & Electric Co.District Court, S.D. New York · 1944
- Miller v. GetzSupreme Court of Pennsylvania · 1890
- Commonwealth v. Bevill, Pennsylvania Court of Common Pleas, Bucks County1956
- Commonwealth v. Cunningham, Pennsylvania Court of Common Pleas, Erie County1962
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