Prenatt v. Messenger Printing Co.
Prenatt v. Messenger Printing Co.
Opinion of the Court
Opinion by
This appeal concerns the title to the same printing
An opinion filed below sustaining the discharge of the rule summarizes the appellants’ contentions thus: “Counsel for petitioners urges (a) that the former adjudication of title was not based upon the real merits of the question involved; (b) that he has discovered new evidence; (c) that Trawin was not a creditor of defendant company at the time of said adjudication, hence, he was not bound thereby.” The court refused either to adopt the first contention or consider the depositions taken in support of the second, stating, “The demurrants made their stand upon a technical defense, and it was decided against them. They still had an opportunity to make further answer and proceed to trial. Under such a situation, a judgment of the court should have the same finality as a judgment upon disputed facts put in,issue.” After reviewing the testimony relevant to the third contention, the court decided that certain evidence produced by the trust company, and objected to by the appellants, was competent, and that thereunder Trawin was, in fact, a creditor of the defendant company at the time of the former adjudication.
It would serve no general useful purpose to review the testimony in detail, or particularly to discuss the points
We find no reversible error; the assignments are overruled and the decree is affirmed, at the cost of appellánts.
Reference
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- Prenatt v. Messenger Printing Company
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- Judgments — Bes adjudícala — Final judgment on demurred— Practice, G. P. , 1. Where the Court of Common Pleas has overruled a demurrer, giving opportunity to proceed to trial upon issues of fact, which is declined because the demurrants prefer to have a decree entered against them, and upon appeal to the Supreme Court the decree is affirmed, such decree is final and the controversy cannot afterwards he. reopened. ... 2. Upon the appointment of a. receiver for a corporation, a printing-press which was in its possession was claimed by a trust company. Certain .creditors filed a petition on behalf of themselves and all other creditors, práying the court to decree a sale of the press, on the ground that it was the property of the corporation. To this petition the trust company filed an answer claiming the property, and a demurrer to the answer, filed by the creditors, was overruled. Opportunity was given for trial on the facts, but the creditors preferred to have final judgment entered against them and took an appeal to the Supreme Court, upon which the decree was affirmed. Subsequently a creditor • filed a petition to reopen the decree, alleging that the former adjudication was not based upon the merits, that new evidence had been discovered, and that it was not concluded as it was not a creditor at the time of the adjudication. The court found on sufficient evidence that petitioner was a creditor upon the original adjudication, and dismissed the petition. Held, no error.