Platt-Barber Co. v. Groves

Citations

• 7 Pa. Super. 599
• 1898 Pa. Super. LEXIS 349

Syllabus

<p>Practice, Superior Court — Appeals—Auditor's findings of fact when reversed.</p> <p>AVhile the record, in a case where the decree of the court below confirms an auditor’s report, comes into an appellate court with like effect as if the facts had been found by a jury, the appellate court having all the evidence upon which the finding is based, will reverse when they feel warranted by the evidence in so doing.</p> <p>Execution — Postponement of levy.</p> <p>Nothing is better settled than that an execution is intended, not to secure but to enforce payment of a debt and where the sheriff under instruction, postpones a levy from March 2, to April 20, when another writ is put in his hands, allowing the goods to remain in defendant’s possession in the mean time, the execution on the first writ is postponed to the second, because the delay in proceeding on the first writ tends to fraud, and is condemned as against public policy.</p>