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164 Pa. 350

Phillips v. Wilson

Supreme Court of Pennsylvania

Decided October 15, 1894

Supreme Court of Pennsylvania · decided 1894-10-15

Appeal, No. 73, Oct. T., 1894, by plaintiffs, from order of C. P. Westmoreland Co., Nov. T., 1893, fi. fa. No. 66, making absolute rule to set aside sheriff’s sale. Rule to set aside sheriff’s sale. The following opinion was filed by Doty, P. J. “We are asked by counsel for exceptant to put in writing our reasons for setting aside the sale.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1894-10-15

How this case has been cited

Cited by 7 later decisions — most recently August 1940

6 state decisions

20189419001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,

¶1'Phis appeal is destitute of merit. Instead of showing such abuse-of judicial discretion,—on the.part of the court below, in *352setting aside the sheriff’s sale in question,—as would justify our interference, the record shows quite the contrary. From what appears therein, we are satisfied that, in making absolute the rule to show cause why the sale should not be set aside, the learned court acted within the lines of sound judicial discretion. Further comment is unnecessary. The correctness of the decree complained of is sufficiently vindicated in the opinion filed at the instance of appellant’s counsel and sent up with the record.

¶2Decree affirmed and appeal dismissed with costs to be paid by appellants.

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