Wile Bros. & Co. v. Meyer

Citations

• 9 Pa. Super. 193
• 1899 Pa. Super. LEXIS 4

Syllabus

<p>Execution — Issue on question of distribution — Dispute—Fraud—Evidence —Acts of June 16, 1836, and April 20, 1846.</p> <p>Under the Acts of June 16,1836, P. L. 777, and April 20, 1846, P. L. 411, regulating the granting of issues “ where there shall be disputes concerning the distribution of money ” arising from sales upon execution, an issue should not be granted on evidence so slight and insufficient that in case a verdict should be rendered thereon in favor of the petitioner the trial judge would be bound to set it aside.</p> <p>Where there is on the one hand an ex parte affidavit of the petitioner averring his “belief,” merely, that.the judgment attacked was confessed for more money than was due with intent to defraud, and on the other hand an answer positively denying the allegations of fraud, and averring that there was a good and full consideration for the confession, it is the duty of the court to look into the depositions taken on the rule, and, if it appears therefrom that there is no fact in dispute requiring the framing of an issue, to refuse it.</p>