Maurer v. Kerper
Supreme Court of Pennsylvania
Error to Court of Common Fleas of Berks county: Of January Term 1883, No. 13. Attachment execution, by Henry H. Maurer against Daniel Kerper, defendant, and Henry Kerper, individually, and as executor of Abraham Kerper, deceased, garnishee. Flea, nulla bona.
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Error to Court of Common Fleas of Berks county: Of January Term 1883, No. 13. Attachment execution, by Henry H. Maurer against Daniel Kerper, defendant, and Henry Kerper, individually, and as executor of Abraham Kerper, deceased, garnishee. Flea, nulla bona. The attachment execution issued upon the exemplification of a judgment, obtained by the plaintiff against Daniel Kerper, in the Court of Common Fleas of Philadelphia county, to attach the defendant’s interest in a fund alleged to be due by the garnishee to the children of Abraham Kerper, deceased, of whom said Daniel Kerper, defendant,…
1Opinion of the CourtJustice Trunkey
This execution attachment was issued against Henry Kerper, garnishee, in his own right, and as executor of Abraham Kerper, deceased, The garnishee for himself and as executor, pleaded nulla bona; and judgment was entered against him de bonis propriisfor $849.60. It may be inferred from the opinion of the court that the intention was to render judgment against the garnishee, collectible only out of the interest of (he defendant in the estate of the decedent; but the garnishee is absolutely fixed for the amount, to be paid by himself as his own debt. However, he appears satisfied to suffer it…
2Cited by11 opinions
- Overbrook Heights Building & Loan Ass'n v. WilsonSupreme Court of Pennsylvania · 1939
- Long's EstateSupreme Court of Pennsylvania · 1916
- Ellwanger v. MooreSupreme Court of Pennsylvania · 1903
- Butler County National Bank v. MacMullenSupreme Court of Pennsylvania · 1928
- Commonwealth v. RarickSuperior Court of Pennsylvania · 1917
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