Keyser v. Mitchell
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 187, to January Term 1871. This was an attachment execution issued October 1st 1869, by Edmond Keyser against Charles Nicholas, defendant, and Thomas Mitchell and John C. Mitchell, and George P. Bussell and David C. Landis, trading as Bussell & Landis, garnishees. There was no service on the defendant or on John C. Mitchell, one of the garnishees.
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Error to the District Court of Philadelphia: No. 187, to January Term 1871. This was an attachment execution issued October 1st 1869, by Edmond Keyser against Charles Nicholas, defendant, and Thomas Mitchell and John C. Mitchell, and George P. Bussell and David C. Landis, trading as Bussell & Landis, garnishees. There was no service on the defendant or on John C. Mitchell, one of the garnishees. Interrogatories to the summoned garnishees were filed, inquiring as to the indebtedness of the garnishees to the defendant or possession by them of property belonging to him, &c. The 7th was:— “ Are…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
The question in this case is, whether the income of the trust created for the benefit of Charles Nichols, the defendant, by the will of his mother, was attachable in the hands of his trustee for debts contracted by him without the consent of the trustee ?
We have but part of the will of the testator on our paper-books, and we must presume it is the material portion of it in the case, otherwise the whole would have been given by the defendants in error.
The will is dated the 21st of December 1854, with a codicil dated the 18th of December…
2Cited by11 opinions
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