Legal Opinion

Green v. Brooks

Supreme Court of Pennsylvania

Decided May 24, 1906No. Appeal, No. 224PublishedCited by 20 opinions

Appeal, No. 224, Jan. T., 1905, by plaintiff, from judgment of C. P. Clearfield Co., May T., 1904, No. 72, on verdict for defendant in case of Job L. Green y. T. Fernley Brooks, Trustee, and Strang & Forsythe. Feigned issue to determine the title to personal property taken in execution. Before Smith, P. J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 224, Jan. T., 1905, by plaintiff, from judgment of C. P. Clearfield Co., May T., 1904, No. 72, on verdict for defendant in case of Job L. Green y. T. Fernley Brooks, Trustee, and Strang & Forsythe. Feigned issue to determine the title to personal property taken in execution. Before Smith, P. J. The facts are stated in the opinion of the Supreme Court. In the course of the trial counsel for the defendants made the following suggestion to the court: Mr. Krebs: May if please the court, a circumstance the jury may consider is that plaintiff’s son was here in court and was not called.…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

This was a feigned issue in the court below to determine the title to certain personal property taken in execution by a trustee for the creditors of the firm of Strang & Forsythe and claimed by Job L. Green, the father of George W. Green, one of the members of the firm. The goods were delivered to the claimant, who was the plaintiff in the issue, but, the jury having found that they were the property of the defendants in the execution, there was a verdict in favor of the execution creditor, the defendant in the issue, in the sum of 16,865. On this appeal…

2Cases cited4 opinions

  1. Hall v. VanderpoolSupreme Court of Pennsylvania · 1893
  2. McHugh v. McHughSupreme Court of Pennsylvania · 1898
  3. Frick v. BarbourSupreme Court of Pennsylvania · 1870
  4. Steininger v. Hoch'sSupreme Court of Pennsylvania · 1862

3Cited by20 opinions

  1. District of Columbia's AppealSupreme Court of Pennsylvania · 1941
  2. McGlone v. Superior Trucking Co., Inc.West Virginia Supreme Court · 1987
  3. Marshall v. PittsburghSuperior Court of Pennsylvania · 1935
  4. Commonwealth v. NewmillerSupreme Court of Pennsylvania · 1979
  5. Commonwealth v. TrignaniSuperior Court of Pennsylvania · 1958

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