Assigned Estate of Hanika
Supreme Court of Pennsylvania
Assigned Estate of Hanika, 138 Pa. 330 (Pa. 1890)
22 A. 90; 1890 Pa. LEXIS 1282
Clark, Green, Lum, McCol, Mitchell, Pakson, Williams
Assigned Estate of Hanika
Opinion of the Court
There was no evidence before the auditor which would have justified him in postponing appellee’s judgment, in the distribution. It is true, the execution thereon was prematurely issued, but this was an irregularity of which only the defendant in the execution could take advantage: Wilkinson’s App., 65 Pa. 189. A judgment can be attacked by creditors collaterally only upon the ground of fraud and collusion to hinder and delay them. The charge of such fraud and collusion was made, but the auditor and court below have not sustained it, in which they were clearly right.
The decree is affirmed, and.the appeal dismissed at the costs of the appellant.
Reference
- Full Case Name
- ASSIGNED ESTATE OF FRANK HANIKA
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- An irregularity in an execution issued can be taken advantage of only by the defendant: Wilkinson’s App., 65 Pa. 189; hence, in the distribution of personal assets of an assigned estate, passing to the assignee under levies on executions issued, the prior right of the first execution creditor cannot be defeated by the other creditors, on the ground that the execution was prematurely issued.