Andrews v. Fishing Creek Lumber Co.
Supreme Court of Pennsylvania
Andrews v. Fishing Creek Lumber Co., 161 Pa. 204 (Pa. 1894)
28 A. 1018; 1894 Pa. LEXIS 667
Dean, Fell, McCollum, Mitchell, Williams
Andrews v. Fishing Creek Lumber Co.
Opinion of the Court
The court below had power to make distribution’without the aid of an auditor. The fund was referred however to an auditor who heard the parties and made a report. After confirmation nisi the report seems to have been mislaid or lost. This however did not prevent the hearing of the exceptions to the report, and a final decree in accordance with the distribution made by the auditor. The court had the power to inquire into the nature of the report and to determine the validity of the exceptions taken to the distribution proposed. It was not necessary to recommit the case.
The judgment is affirmed.
Reference
- Full Case Name
- Andrews v. Fishing Creek Lumber Co. Keeler's Appeal
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Loss of auditor's report — Record—Practice, G. P. Where the report of an auditor, distributing the proceeds of a sheriff’s sale, has been lost after confirmation nisi, the court may inquire into the nature of the report, and determine the validity of the exceptions taken to the distribution proposed, without recommitting the case to the auditor. Sheriff's sale — Distribution—Impounding fund — Practice. Where the proceeds of a sheriff’s sale of real estate is in court for distribution, it is not proper practice to impound a portion of the fund to await the trial of a sci. fa. sur mechanic’s lien at some future time.