Minick v. Sausaman

Citations

• 122 Pa. 88
• 15 A. 669
• 1888 Pa. LEXIS 595

Syllabus

<p>1. The payment in full of a judgment, debt, interest and costs, including the costs of an execution attachment therefrom, out of the proceeds of a sheriff’s sale on the plaintiff’s writ, is a full discharge of the judgment and a release of a fund bound by the service of the attachment.</p> <p>2. Where a creditor has two judgments against the same debtor and has issued upon the first one a fieri facias and an execution attachment at the same time, and the first judgment is paid out of the debtor’s property sold on the fieri facias, he is not entitled to have a fund of the debtor bound by the attachment applied to the judgment upon which no process issued.</p>