Second N. Bank v. Penna. etc. Coal Co.
Supreme Court of Pennsylvania
APPEAL BY J. S. JENKINS ET AL. FROM THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY. No. 24 July Term 1890, Sup. Ct.; court below, No. 146 April Term 1886, C. P. Prior to January 22, 1887, the sheriff had made a return that, by virtue of a writ of venditioni exponas, issued upon a judgment for $3,434, in favor of the Second N. Bank of Wilkes-Barre against the “ Lackawanna & Susquehanna Coal & Iron Company, now the Pennsylvania Anthracite Coal Company,” he had sold, for the…
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APPEAL BY J. S. JENKINS ET AL. FROM THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY. No. 24 July Term 1890, Sup. Ct.; court below, No. 146 April Term 1886, C. P. Prior to January 22, 1887, the sheriff had made a return that, by virtue of a writ of venditioni exponas, issued upon a judgment for $3,434, in favor of the Second N. Bank of Wilkes-Barre against the “ Lackawanna & Susquehanna Coal & Iron Company, now the Pennsylvania Anthracite Coal Company,” he had sold, for the sum of $550,000, a large tract of land and the interest of defendant company, as grantee of E. A. Coray, in two perpetual…
1Per curiam
The first assignment alleges error in refusing the issues requested by the appellant John S. Jenkins, and the second alleges error in refusing the issues requested by appellant E. A. Coray. The third assignment is too general to require discussion.
The demand for issues, as above stated, was not made until the case had been before the auditor some two years, a large amount of testimony taken, and some days after the parties had been notified by the auditor that his report was ready for filing. After all this delay and the necessary expense involved, it would require a very strong case to…
2Cited by5 opinions
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