Seltzer v. Boyer

Citations

• 224 Pa. 369
• 73 A. 438
• 1909 Pa. LEXIS 796

Syllabus

<p>Appeals — Assignments of error — Opinion of court — Exceptions to sheriff’s sale.</p> <p>1. An assignment of error to the opinion of the court is improper. It is the decree, and not the opinion of the court, which is assignable as error.</p> <p>2. An assignment of error to the dismissal of exceptions to a sheriff’s sale, and a refusal of a motion to set the sale aside, is improper where none of the exceptions are set forth. The dismissal of each exception should be set forth in a separate assignment.</p> <p>3. On an appeal from the dismissal of exceptions to a sheriff’s sale of real estate in foreclosure proceedings against a married woman, the court cannot consider or review a decree appointing a committee ad litem for the insane defendant, or the dismissal of a motion to set aside such appointment, where no appeal was taken from such decree or dismissal of motion, and neither the exceptions nor the assignments of error raise the question of their validity.</p>