Assigned Estate of Hanika
This text of 22 A. 90 (Assigned Estate of Hanika) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
22 A. 90, 138 Pa. 330, 1890 Pa. LEXIS 1282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/assigned-estate-of-hanika-pa-1890.