Reynolds v. Reynolds Lumber Co.

Supreme Court of Pennsylvania
Reynolds v. Reynolds Lumber Co., 175 Pa. 437 (Pa. 1896)
34 A. 791; 1896 Pa. LEXIS 1269
Dean, Green, Mitchell, Sterrett, Williams

Reynolds v. Reynolds Lumber Co.

Opinion of the Court

Per Curiam,

It was clearly irregular for the receiver of defendant company and several of its general creditors to join in a single appeal from the decree disposing of the fund raised by the sheriff’s sale. Separate and independent claimants upon a fund cannot prosecute a joint appeal from the decree distributing the same: Adamson’s Appeal, 110 Pa. 459; White’s Appeal, 15 W. N. C. 314. In view of that mistake, the joint appellants, at the instance of the appellee, were ruled to elect which of them should prosecute the appeal, etc.; and thereupon their counsel elected to stand upon the appeal of Leon G. Ball, receiver, etc., and suffer a non pros as to all the other joint appellants; and that was accordingly done.

The entire fund in court for distribution, $1,123.74, without any deduction for costs or expenses, is claimed by the receiver, as representative of the general creditors of the defendant company ; and that is a sufficient answer to the appellee’s suggestion of want of jurisdiction in this court.

It is also contended that the receiver has no standing as an appellant, because he is not, in the proper sense of the term, a party aggrieved — has no interest in the fund, etc., and because he neither appeared before the auditor not excepted to any of his rulings. If the entire record were before ns, it is not clear that there would not be force in these positions; but, waiving any discussion of either, and assuming, for the purposes of this case, that in the circumstances he has a right to be heard on the questions involved, we are satisfied from an examination of the record that there is no merit in his appeal. There appears to be no substantial error in the conclusions reached by the learned judge of the 6th judicial district who presided at the final hearing. On his opinion, the decree is affirmed and appeal dismissed at appellants’ costs.

Reference

Full Case Name
T. J. Reynolds v. Reynolds Lumber Company. Appeal of Leon G. Ball, Receiver, and J. B. Offerle
Cited By
5 cases
Status
Published
Syllabus
Appeals — Practice, S. 0. — Joint appeals. It is irregular for the receiver of a corporation and several of its general •creditors to join in a single appeal from the decree disposing of the fund raised by a sheriff’s sale of the corporate property. Separate and independent claimants upon a fund cannot prosecute a joint appeal from a ■decree distributing the same. Supreme Gourt — Jurisdiction—Amount in controversy. The Supreme Court has jurisdiction over an appeal from a decree distributing a fund raised by a sheriff’s sale where the entire fund for distribution amounted to $1,123.74 without any deduction for costs or expenses, and the whole of the fund is claimed by a receiver. Gorporation — Insolvency—Distribution of proceeds of sheriff's sale of corporate property. (! The proceeds of the judicial sale of the property of a private corporation is governed by the same rules of distribution that apply to such a-, sale of the property of an individual. Assignor and assignee of proceeds of judgment — Nonsuit by assignor. Plaintiff assigned the proceeds of his judgment against an insolvent corporation to a bank, and the judgment was subsequently opened on petition of creditors to determine whether it was fraudulent as to them,, when plaintiff took a nonsuit. It was held that the bank, not being a party to the issue, could not be prejudiced in its rights by the acts of the-plaintiff, but is entitled to the proceeds of the judgment.