Legal Opinion

Phillips v. Hall

Supreme Court of Pennsylvania

Decided February 26, 1894No. Appeal, No. 377PublishedCited by 3 opinions

Appeal, No. 377, Jan. T., 1893, by defendants, Augustus R. Hall and George W. Carpenter, trading as Hall & Carpenter, from judgment of C. P. Chester Co., Aug. T., 1892, fi. fa. No. 25, on verdict for plaintiff, Sarah J. Phillips, in sheriff’s interpleader. Interpleader to determine ownership of personal property levied on as property of plaintiff’s husband.

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Appeal, No. 377, Jan. T., 1893, by defendants, Augustus R. Hall and George W. Carpenter, trading as Hall & Carpenter, from judgment of C. P. Chester Co., Aug. T., 1892, fi. fa. No. 25, on verdict for plaintiff, Sarah J. Phillips, in sheriff’s interpleader. Interpleader to determine ownership of personal property levied on as property of plaintiff’s husband. Before Hemp-hill, J. At the trial it appeared that the property levied upon consisted of wheat, oats, potatoes and corn in the ground, horses, cows and agricultural implements. Mrs. Phillips claimed the property. The evidence showed that…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

For many years past, the trend of legislation as well as judicial decision, in relation to the rights and powers of married women, has not been in the direction of permitting a wife’s *63separate property to be seized and sold to pay her insolvent husband’s debts. In any view that can be reasonably taken of the testimony in this case, there is nothing in it that would have justified a verdict against the plaintiff. It clearly appears by the uncontradicted evidence that the property — consisting of live stock, farming implements, grain in the ground, etc.,…

2Cases cited7 opinions

  1. Rush v. VoughtSupreme Court of Pennsylvania · 1867
  2. Seeds v. KahlerSupreme Court of Pennsylvania · 1874
  3. Shuster v. KaiserSupreme Court of Pennsylvania · 1886
  4. Silveus's Executors v. PorterSupreme Court of Pennsylvania · 1874
  5. Wieman v. AndersonSupreme Court of Pennsylvania · 1862

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3Cited by3 opinions

  1. Most Worshipful Grand Lodge of Alabama Ancient Free & Accepted Masons v. AllenSupreme Court of Alabama · 1922
  2. Hannum v. PownallSupreme Court of Pennsylvania · 1897
  3. Frost v. KnappSuperior Court of Pennsylvania · 1899

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