Dengler v. Buettner

Citations

• 125 Pa. 12
• 17 A. 184
• 1889 Pa. LEXIS 687

Syllabus

<p>1. The supplemental act of April 8, 1873. P. L. 65. authorizing a special writ of fieri facias for the sale of the interest of a defendant in a co-partnership of which he is a member, did not provide a new remedy, but recognized, enlarged and rendered more effective a remedy theretofore existing.</p> <p>2. Where an actual levy has been made on a judgment defendant’s copartnership interest, under an ordinary writ of fieri facias, such levy will prevail over a levy made under a special writ of fieri facias subsequently, issued under said act of 1873 : Hare v. Commonwealth, 92 Pa. 141, explained and distinguished.</p>