Gochenaur's Executors v. Hostetter
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was the case of an attachment execution, issued on a judgment obtained in Lancaster county, for the use of the executors of Gochenaur v. George Shreiner. The attachment execution issued against George Shreiner, defendant, and John S. Hostetter, as garnishee.
Read the full summary
Error to the Common Pleas of Lancaster county. This was the case of an attachment execution, issued on a judgment obtained in Lancaster county, for the use of the executors of Gochenaur v. George Shreiner. The attachment execution issued against George Shreiner, defendant, and John S. Hostetter, as garnishee. The sheriff returned that on April 10, 1851, he attached the goods, &c., of the defendant in the hands or possession of John S. Hostetter, and summoned him as garnishee. George Shreiner, one of the heirs of Michael Shreiner, late of Lancaster county, deceased, was indebted to the…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
In the case of Shewell v. Keen, 2 Wharton 338, decided in 1837, it was held by this Court that a pecuniary legacy was not a debt, and could not be attached by process of foreign attachment.
Two reasons are assigned why it is not attachable: 1. That the attaching creditor could not be compelled.to give the refunding bond which the executor was entitled to demand. 2. That it would tend to distract and embarrass executors and administrators in the discharge of their official duties.
On the 27th July, 1842, the legislature passed an Act to…
2Cases cited2 opinions
- Silverwood v. BellasSupreme Court of Pennsylvania · 1839
- Eisenbise v. EisenbiseSupreme Court of Pennsylvania · 1835
3Cited by7 opinions
- Overbrook Heights Building & Loan Ass'n v. WilsonSupreme Court of Pennsylvania · 1939
- Harrison v. McKimSupreme Court of Iowa · 1865
- Crawford v. CommissionerUnited States Tax Court · 1966
- Williams v. Ricca Et Ux. (Et Al.)Supreme Court of Pennsylvania · 1936
- Hess's EstateSuperior Court of Pennsylvania · 1905
2 more not listed; retrieve them via the Exa API.