Appeal of Stark

Citations

• 128 Pa. 545
• 18 A. 426
• 1889 Pa. LEXIS 814

Syllabus

<p>1. While an auditor has no power, in a collateral proceeding, to inquire into the validity of a judgment regular on its face, yet he may receive evidence to show that a judgment, given for one purpose, has been fraudulently used by the plaintiff for another and different purpose.</p> <p>2. In a proceeding to surcharge an assignee for creditors, testimony is admissible to show that he received moneys collected from the assignor by execution from a conditional judgment on which there was nothing due, the sale being suffered by the assignor under an agreement that the amount thus collected should be for his use.</p> <p>3. An assignor who has failed in an effort before an auditorio surcharge an accountant with alleged trust moneys, may not be ordered to pay, as part of the costs of audit, the counsel fee of the accountant, incurred for services rendered in resisting the attempt to establish a trust as to the moneys in question.</p>