Legal Opinion

E. R. Artman & Co. v. Truby

Supreme Court of Pennsylvania

Decided January 6, 1890No. 195PublishedCited by 7 opinions

APPEAL BY PLAINTIEES EBOM THE COUBT OE COMMON PLEAS OE INDIANA COUNTY. No. 195 October Term 1889, Sup. Ct.; court below, No. 252 March Term. 1883, C. P. On-April 6, 1883, there was filed in the court below a judgment note bearing date that day, given by William Truby to E. R. Artman & Co., for $92.20, and judgment was duly entered thereon for said amount. .Upon said judgment, the plaintiffs issued writs of fieri facias and attachment execution, the latter of which was served…

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APPEAL BY PLAINTIEES EBOM THE COUBT OE COMMON PLEAS OE INDIANA COUNTY. No. 195 October Term 1889, Sup. Ct.; court below, No. 252 March Term. 1883, C. P. On-April 6, 1883, there was filed in the court below a judgment note bearing date that day, given by William Truby to E. R. Artman & Co., for $92.20, and judgment was duly entered thereon for said amount. .Upon said judgment, the plaintiffs issued writs of fieri facias and attachment execution, the latter of which was served on A..W. Kimmell as garnishee of the defendant. Thereupon, the defendant petitioned the court to open the judgment and…

1Opinion of the Court

Opinion,

Me. Justice McCollum :

The plaintiffs obtained a judgment against the defendant in the Court of Common Pleas of Indiana county, on April 6, 1883, for $92.20. On January 14, 1886, on the application of the defendant, this judgment was opened to allow him to show that the plaintiffs had agreed with him to satisfy it, on his transferring to A. W. • Kimmell certain specified property in trust for the benefit of the plaintiffs and certain other creditors of the defendant, and that he had complied with his part of the agreement.

The agreement relied on as the basis of the defence to the…

2Cases cited4 opinions

  1. Armington v. RauSupreme Court of Pennsylvania · 1882
  2. Lower & Barron v. ClementSupreme Court of Pennsylvania · 1855
  3. Greer v. ShriverSupreme Court of Pennsylvania · 1867
  4. Lane's AppealSupreme Court of Pennsylvania · 1876

3Cited by7 opinions

  1. Matternas v. StehmanSuperior Court of Pennsylvania · 1994
  2. Hoffman Lumber Co. v. MitchellSuperior Court of Pennsylvania · 1952
  3. Matternas v. StehmanSuperior Court of Pennsylvania · 1994
  4. Yanko v. Donaldson, Pennsylvania Court of Common Pleas, Northumberland County1948
  5. Moran & Priar Home Improvement SVC v. Khouri, Pennsylvania Court of Common Pleas, Cumberland County1984

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