Hagy v. Poike
Supreme Court of Pennsylvania
Appeal, No. 24, Jan. T., 1894, by R. Slimmons & Co., et al., from order of C. P. Northampton Co., Feb. T., 1898, No. 24, refusing issue in Hagy & Bittner v. Poike. Rule to show cause why issue should not be granted to determine disputed facts concerning distribution of money arising from sheriff’s sale of personal property.
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Appeal, No. 24, Jan. T., 1894, by R. Slimmons & Co., et al., from order of C. P. Northampton Co., Feb. T., 1898, No. 24, refusing issue in Hagy & Bittner v. Poike. Rule to show cause why issue should not be granted to determine disputed facts concerning distribution of money arising from sheriff’s sale of personal property. The petition for the rule alleged that the petitioners, R. Slimmons & Co., and Hugh O’Donnell, were judgment creditors of Frederick A. Poike, and that they had issued execution upon their judgments; that, prior to the issuance of their writs, Poike had confessed two…
1Opinion of the Court
Per Curiam,
We have carefully considered the evidence bearing on the ■questions involved in the several specifications in this case, and are not convinced that the learned judge erred in refusing the issue prayed for by appellants. While there is some testimony tending to prove circumstances of suspicion, there is not sufficient evidence of the alleged fraudulent acts to warrant the court in sending an issue to a jury. Alleged fraud must be established either by direct proof, or by clearly proved facts sufficient to warrant a presumption of its existence. It is not enough to charge fraud and…
2Cases cited3 opinions
- Mead v. ConroeSupreme Court of Pennsylvania · 1886
- Jones v. LewisSupreme Court of Pennsylvania · 1892
- Morton v. WeaverSupreme Court of Pennsylvania · 1881
3Cited by5 opinions
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