Belber v. Belber
Superior Court of Pennsylvania
Appeal, No. 3, Oct. T., 1897, by Mayer Alsberg, from decree of C. P. No. 3, Phila. Co., Sept. T., 1896, No. 747, discharging rule to show cause why the sheriff should not pay the funds into court and for an issue. Rule to pay the fund arising from the sheriff’s sale on sundry executions into court, and for an issue to determine the material facts in dispute relating to the distribution of said fund. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 3, Oct. T., 1897, by Mayer Alsberg, from decree of C. P. No. 3, Phila. Co., Sept. T., 1896, No. 747, discharging rule to show cause why the sheriff should not pay the funds into court and for an issue. Rule to pay the fund arising from the sheriff’s sale on sundry executions into court, and for an issue to determine the material facts in dispute relating to the distribution of said fund. The facts sufficiently appear in the opinion of the court. The court below discharged the rule. Junior execution creditors appealed. JSrror assigned was in discharging the rule for the payment of…
1Opinion of the Court
Opinion by
Wickham, J.,
The appellants obtained judgment before a magistrate against Mary Belber, on November 16, 1896, and three days later filed a transcript thereof in the court of common pleas No. 4, of Philadelphia county, having first issued an execution in the magistrate’s court, to which there was a return of nulla bona.
The Act of June 24, 1885, P. L. 160, provides, “ That in all cases where a judgment has been obtained before a justice of the peace, city recorder, magistrate or alderman, of this commonwealth, and no appeal or certiorari has been taken to said judgment, and a transcript…
2Cases cited5 opinions
- Bown v. Morange ex rel. HallSupreme Court of Pennsylvania · 1885
- Sheetz v. Hanbest's ExecutorsSupreme Court of Pennsylvania · 1876
- Felton v. WeymanSupreme Court of Pennsylvania · 1848
- Hartzell v. ReissSupreme Court of Pennsylvania · 1808
- Spring Run Coal Co. v. TosierSupreme Court of Pennsylvania · 1883
3Cited by1 opinion
- Housing Authority of Beaver County v. Alberts (In Re Alberts)United States Bankruptcy Court, W.D. Pennsylvania · 2008