Harris v. Shuster

Citations

• 3 Pa. Super. 331
• 1897 Pa. Super. LEXIS 20

Syllabus

<p>Res judicata — Execution—Rule to set aside exemption — Alias writs of fi.fa.</p> <p>A rule to set aside a claim to exemption, made as to an interest in a limited partnership, was made absolute. The writ under which the levy was made was subsequently stayed, a new writ issued, the same claim made and allowed by the sheriff, and on a new rule set aside by the court, defendant appealed from the order of the court making absolute the second rule. Held, that the action of the court on the second rule must be affirmed, all conditions being present which made the matter res judicata. The second writ was a continuation of or supplement to the first writ. Query as to the conclusion, had the appeal been to the order on the first rule.</p>