Green v. Ineson
Superior Court of Pennsylvania
Appeal, No. 135, April T., 1910, by plaintiff, from order of C. P. Warren Co., Sept. T., 1909, No. 33, in suit of J. G. Green v. G. F. Ineson et al. Exceptions to report of C. E. Bordwell, Esq., auditor.
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Appeal, No. 135, April T., 1910, by plaintiff, from order of C. P. Warren Co., Sept. T., 1909, No. 33, in suit of J. G. Green v. G. F. Ineson et al. Exceptions to report of C. E. Bordwell, Esq., auditor. From the record it appeared that W. L. Luther had a wage claim against the defendants for-$90.00, but at the, sheriff’s sale he did not announce this claim until the proceeds of the sale had reached to $75.00 or $100.- The total proceeds of the sale was $211.10. The plaintiff in the judgment and in the execution was J. G. Green, who had secured a judgment for rent amounting to $100. The…
1Opinion of the Court
Opinion by
Rice, P. J.,
The Act of April 9, 1872, P. L. 47, which gives a hen for wages due to certain classes of persons and authorizes payment of the same up to $200 out of the proceeds of a judicial sale of the employer’s property, provides as to the notice to be given by the wage claimant; that it shall be in writing and be given to the officer executing the writ “at any time before the actual sale of the property levied on.” If the notice be given after the sale it is too late: Allison v. Johnson, 92 Pa. 314. The duty of proving that there was notice rests with the claimant, as it is a…
2Cases cited4 opinions
- Appeal of AdamsonSupreme Court of Pennsylvania · 1885
- Timmes v. MetzSupreme Court of Pennsylvania · 1893
- Allison v. JohnsonSupreme Court of Pennsylvania · 1880
- Stichler v. MalleySupreme Court of Pennsylvania · 1880
3Cited by2 opinions
- Barclay v. Pittsburg Home Building Co.Superior Court of Pennsylvania · 1914
- Bogdan v. St. Michael's Russian Orthodox ChurchSuperior Court of Pennsylvania · 1934