Ensminger v. Hess
Supreme Court of Pennsylvania
Appeal, No. 26, May T., 1899, by plaintiff, from judgment of C. P. Dauphin 'Co., Jan. T., 1899, No. 405, on verdict for defendant. Issue to determine the validity of a judgment. Before McPherson, J. John T. Ensminger, a judgment and execution creditor, is plaintiff in this issue which was directed by the court to try the validity of a judgment for $7,500, confessed by Frank J. Hess to his wife, Eleanor L. Hess, the defendant in the issue.
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Appeal, No. 26, May T., 1899, by plaintiff, from judgment of C. P. Dauphin 'Co., Jan. T., 1899, No. 405, on verdict for defendant. Issue to determine the validity of a judgment. Before McPherson, J. John T. Ensminger, a judgment and execution creditor, is plaintiff in this issue which was directed by the court to try the validity of a judgment for $7,500, confessed by Frank J. Hess to his wife, Eleanor L. Hess, the defendant in the issue. Frank J. Hess had for many years been engaged in the business of merchandizing in the city of Harrisburg. On February 9,1879, he married Eleanor L. Leedom,…
1Opinion of the Court
Opinion by
Mb. Chibe Justice Stebbett,
In this feigned issue to determine the validity of a judgment confessed by Prank J. Hess in favor of his wife who is the defendant in the issue, the only subject of complaint is the manner in which the learned trial judge submitted the case to the jury. In their brief the learned counsel for plaintiff state: “We do not say that the case should have been taken from the jury. It was no doubt the duty of the court to submit it to their determination, but, at the same time, such submission .... should have been accompanied by such instructions as would have…
2Cases cited1 opinion
3Cited by5 opinions
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- Duval Lumber Co. v. SladeSupreme Court of Florida · 1941
- Solomon v. Luria, Pennsylvania Court of Common Pleas, Philadelphia County1967
- Commonwealth v. NaugleLuzerne County Court of Quarter Sessions · 1936