
    Estate of William Frazier. Appeal of John Yeany.
    
      Appeals — Statute limiting time — Motion for rehearing does not toll statute.
    
    An appeal not taken within six months from date of final decree will be quashed. A motion for a rehearing and proceedings thereon does not have the effect of tolling the statute, there having been no stay of proceedings pending the rule.
    Argued May 3, 1898.
    Appeal, No. 196, April T., 1898, by John Yeany, from decree of C. P. Clarion Co., Nov. T., 1893, No. 292, in distribution of the assigned estate of William Frazier.
    Before Rige, P. J., Wickham, Beaver, Reeder, Or-lad y, Smith and Porter, JJ.
    Appeal quashed.
    Exceptions to distribution of the account of a trustee of an assigned estate. Before Clark, P. J.
    It appears from the record that under an assignment for benefit of creditors, proceedings were had for sale of real estate, and a sale being had the controversy in the case at bar arose over the distribution of the fund, amounting to 11,163.30, which the auditor awarded to appellant’s judgment. This the court reversed awarding $726 thereof to appellees’ judgment for purchase money. The decree of distribution was filed July 23, 1897. November 29, 1897, motion for a rehearing filed. March 31,1898, motion for rehearing refused. April 1, 1898, appeal taken to the Superior Court.
    
      Errors assigned were to the action of the court sustaining certain exceptions to auditor’s report, and to the decree of the court reversing the auditor in so far as he awarded the fund in distribution to the Yeany judgment.
    July 29, 1898:
    
      J. T. Maffett, with Mm 8. K. Clarice, for appellant.
    
      Cadmus Z. Cordon, with him Harry It. Wilson, for appellees.
    
      B. J. Reid, with Mm F. J. Maffett, for Robert McCloskey.
   Per Curiam,

There having been no stay of proceedings pending the rule to show cause, it did not stop the running of the statute, and the appeal must be quashed because it was not taken within six months from the date of the decree.

Appeal quashed.  