Belber v. Belber

Citations

• 6 Pa. Super. 361
• 1898 Pa. Super. LEXIS 163

Syllabus

<p>Execution — Standing of judgment creditor to contest prior execution,</p> <p>A judgment creditor whose execution has been issued on a transcript from the judgment of a magistrate, has no standing to resist the right of a prior execution creditor to take the fund out of court when an appeal has been regularly taken in due time from the judgment of the magistrate.</p> <p>Judgment — Transcript filed pending lime of appeals — Practice, G. P.</p> <p>An appeal from the judgment of a magistrate regularly taken, ipso facto, destroys a judgment obtained by filing a transcript in the common pleas. A plaintiff cannot prevent this result, by hurriedly taking a transcript to the prothonotary’s office, provided the defendant, within the time allowed by law, take and enter his appeal.</p>