Legal Opinion

Braden v. O'Neil

Supreme Court of Pennsylvania

Decided January 3, 1898No. Appeal, No. 58PublishedCited by 2 opinions

Appeal, No. 58, Oct. T., 1897, by First National Bank of Clarion, from judgment of C. P. Clarion Co., on verdict for plaintiff.

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Appeal, No. 58, Oct. T., 1897, by First National Bank of Clarion, from judgment of C. P. Clarion Co., on verdict for plaintiff. Bill of discovery in aid of execution sur judgment of A. R. Braden v. W. W. O’Neil, Jr. No formal issue appears to have been made up in the case, but the parties proceeded to trial as if there had been an allegation upon the one side and a denial on the other that the defendants had, by means of fraudulently confessed judgments and executions issued thereon, obtained possession of the property of O’Neil, with intent to hinder, delay and defraud the plaintiff. The…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The verdict in this case was directed by the court as against the appellant bank and Rachel R. Pollard. Upon a motion for a new trial this verdict was set aside as to Rachel Pollard and a new trial granted, but the motion was refused so far as appellant was concerned and judgment entered on the verdict. Our question is not whether the defendants stood on substantially the same ground, but whether the reasons for directing judgment on the verdict are tenable. The facts are these: W. W. O’Neil was engaged in the manufacture and sale of lumber in Clarion county and…

2Cases cited9 opinions

  1. Werner v. ZierfussSupreme Court of Pennsylvania · 1894
  2. Lake Shore Banking Co. v. FullerSupreme Court of Pennsylvania · 1885
  3. Brough's EstateSupreme Court of Pennsylvania · 1872
  4. Dick v. CooperSupreme Court of Pennsylvania · 1855
  5. Wilson v. BergSupreme Court of Pennsylvania · 1879

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. MacDougall v. Citizens National BankSupreme Court of Pennsylvania · 1919
  2. Smith v. KeenerSupreme Court of Pennsylvania · 1921

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