Assigned Estate of Hanika

Citations

• 138 Pa. 330
• 22 A. 90
• 1890 Pa. LEXIS 1282

Syllabus

<p>An irregularity in an execution issued can be taken advantage of only by the defendant: Wilkinson’s App., 65 Pa. 189; hence, in the distribution of personal assets of an assigned estate, passing to the assignee under levies on executions issued, the prior right of the first execution creditor cannot be defeated by the other creditors, on the ground that the execution was prematurely issued.</p>