Wilkinson's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Clinton county, in the distribution of the proceeds of the sheriff’s sale of the property of David Shank: No. 441, to January Term 1869. The property of Shank was levied on by virtue of six writs of fieri facias, returnable to the September Term (14th) 1868. One of these writs was at the suit of William A. Simpson, issued August 22d 1868, on a judgment for $1079.78, obtained that day on an award of arbitrators.
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Appeal from the decree of the Court of Common Pleas of Clinton county, in the distribution of the proceeds of the sheriff’s sale of the property of David Shank: No. 441, to January Term 1869. The property of Shank was levied on by virtue of six writs of fieri facias, returnable to the September Term (14th) 1868. One of these writs was at the suit of William A. Simpson, issued August 22d 1868, on a judgment for $1079.78, obtained that day on an award of arbitrators. The amount made under the executions and paid into court was $913.88. On the 21st of September 1868, Charles Wilkinson issued an…
1Opinion of the Court
The opinion of the court was delivered, May 5th 1870, by
Thompson, C. J.
Since the decision of Stewart v. Stocker, 13 S. & R. 199, the question in this case has not been regarded as an open one. There have been numerous decisions since, in entire harmony and in subordination to the law of that case, among them is Lowber & Wilmer’s Appeal, 8 W. & S. 387. It is therefore settled, if anything can be, that an erroneous judgment or an irregular execution — not void, can be set aside only by direct and appropriate action by parties having an interest in the same and not by a collateral attack under…
2Cases cited1 opinion
- Lowber & Wilmer's AppealSupreme Court of Pennsylvania · 1845
3Cited by7 opinions
- Derr v. New York Joint Stock Land BankSupreme Court of Pennsylvania · 1939
- Milleisen v. SensemanSuperior Court of Pennsylvania · 1897
- Assigned Estate of HanikaSupreme Court of Pennsylvania · 1890
- Bruff v. StoopsSuperior Court of Pennsylvania · 1918
- Fees v. ShadelSuperior Court of Pennsylvania · 1902
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