Moore v. Moore
Supreme Court of Pennsylvania
Moore v. Moore, 153 Pa. 495 (Pa. 1893)
25 A. 763; 1893 Pa. LEXIS 1138
Green, Heydrick, McCollum, Mitchell, Paxsqn, Williams
Moore v. Moore
Opinion of the Court
This was an appeal from the decree of the distribution of a fund in the hands of a sheriff, raised on two writs of alias fieri facias. A motion to quash the appeal was filed by the appellee, but as an examination of the case fails to disclose error in the distribution, the motion to quash the appeal need not be considered.
The decree is affirmed, and the appeal dismissed at the costs of the appellant.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Partnership — Judgment in firm name — Lien. A judgment against a partnership, by the name of the firm, is not void, and will be supported for the purpose of distribution of the proceeds of the firm’s real estate. An amicable scire facias to revive a judgment was signed “ C. G. Moore, J. W. Moore,” and judgment was entered thereon against “ John W. Moore and Charles G. Moore, partners as J. W. Moore & Co.” The note upon which the original judgment was entered was signed ,l J. W. Moore & Co.” Held, that the judgment was a lien on the partnership real estate. Partnership real estate — Conversion—Judgment—Order of liens. Real estate owned by a partnership as partnership property is not converted into personalty as to creditors, and when it is sold under execution, the fund realized by the sale is distributable to the judgment creditors of the firm according to the priority of the entry of their judgments.