Wetherald v. Van Stavoren

Citations

• 125 Pa. 535
• 17 A. 450
• 1889 Pa. LEXIS 748

Syllabus

<p>(a) A referee appointed to distribute a fund produced by a sheriffs sale, decided that the judgment under which the sale was made, being a judgment in favor of a trustee for the defendant’s wife and others, was not fraudulent, and awarded the fund to the plaintiff in that judgment.</p> <p>(b) A contesting judgment creditor afterward issued an execution attachment and summoned the trustee in the judgment referred to as garnishee, who pleaded nulla bona, and by agreement of the attaching creditor, the garnishee and his cestuis que trust, this proceeding was referred to a referee.</p> <p>1. In the latter reference, the parties and the subject matter being the same as in the former, the question involved as to the validity of the garnishee’s judgment on which the fund in his hands was realized was res adjudicata, the referee was concluded thereby, and properly entered judgment for the garnishee.</p>