People's Savings Bank v. Mosier

Citations

• 199 Pa. 375
• 49 A. 132
• 1901 Pa. LEXIS 610

Syllabus

<p>Execution—Issue—Auditor—Act of April 20, 1846, P. L. 411.</p> <p>Where a judgment creditor has ruled a fund raised by a sheriff’s sale of real estate into court, and secured the appointment of an auditor, he cannot after an auditor has been appointed and all the testimony taken, have an issue to determine the matter in dispute; and this is especially true where the question whether an issue should be allowed or an auditor appointed, was considered and decided by the court when exceptions to the sheriff’s return were before it.</p>