Hemphill v. Yerkes
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 151 July Term 1889, Sup. Ct.; court below, No. 120 April term 1889, C. P. ■ On March 28, 1889, an amicable action was instituted by agreement between.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 151 July Term 1889, Sup. Ct.; court below, No. 120 April term 1889, C. P. ■ On March 28, 1889, an amicable action was instituted by agreement between. Joseph Hemphill and Thomas S. Butler, assignees, etc., plaintiffs, and Jonathan P. Yerkes, and John Yerkes, defendants, a case being stated for the opinion of the court, in the nature of a special verdict, which after stating the parties proceeded: “ The above-named plaintiffs, having obtained in the said Court of Common Pleas of Chester county on January 30,1888, a…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
This case stated is very inartificially drawn, and might well be quashed for this reason. Instead of being a clear statement of facts agreed upon, we are referred for many of the facts to the answers of the garnishees, and to certain affidavits which are attached to the case stated, and made a part thereof. As an examination of them enables us to gather the material facts with reasonable certainty, we will dispose of the case as presented.
The fund in controversy was deposited in bank to the credit of R. Jones Monaghan, master. It amounted to $634.14, and was…
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