Prenatt v. Messenger Printing Co.

Citations

• 250 Pa. 402
• 95 A. 563
• 1915 Pa. LEXIS 959

Syllabus

<p>Judgments — Bes adjudícala — Final judgment on demurred— Practice, G. P.</p> <p>, 1. Where the Court of Common Pleas has overruled a demurrer, giving opportunity to proceed to trial upon issues of fact, which is declined because the demurrants prefer to have a decree entered against them, and upon appeal to the Supreme Court the decree is affirmed, such decree is final and the controversy cannot afterwards he. reopened. ...</p> <p>2. Upon the appointment of a. receiver for a corporation, a printing-press which was in its possession was claimed by a trust company. Certain .creditors filed a petition on behalf of themselves and all other creditors, práying the court to decree a sale of the press, on the ground that it was the property of the corporation. To this petition the trust company filed an answer claiming the property, and a demurrer to the answer, filed by the creditors, was overruled. Opportunity was given for trial on the facts, but the creditors preferred to have final judgment entered against them and took an appeal to the Supreme Court, upon which the decree was affirmed. Subsequently a creditor • filed a petition to reopen the decree, alleging that the former adjudication was not based upon the merits, that new evidence had been discovered, and that it was not concluded as it was not a creditor at the time of the adjudication. The court found on sufficient evidence that petitioner was a creditor upon the original adjudication, and dismissed the petition. Held, no error.</p>