Musgrave v. Dickson
Supreme Court of Pennsylvania
Appeal, No. 107, Oct. T., 1895, by defendants, from order of C. P. No. 2, Allegheny Co., Oct. T, 1889, No. 218, overruling exceptions to commissioners’ report. Exceptions to commissioner’s report.
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Appeal, No. 107, Oct. T., 1895, by defendants, from order of C. P. No. 2, Allegheny Co., Oct. T, 1889, No. 218, overruling exceptions to commissioners’ report. Exceptions to commissioner’s report. From the record it appeared that Samuel Musgrave obtained a rule on H. A. Dickson to show cause why the said Musgrave should not have subrogation of the judgment Dickson had obtained against Bailey & Boler in an action in replevin founded on a distraint for rent, because he, the said Musgrave, had paid the judgment obtained against Bailey & Boler, J. C. Dickson and himself, in the action on the bond…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This proceeding is founded upon a petition by Samuel Mus-grave, one of the sureties on a replevin bond, for subrogation to the rights of the plaintiff in the judgment. An answer was filed by the appellant, the plaintiff, in which he averred that the judgment had not been fully paid, and in which he stated other supposed equitable grounds in denial of the right claimed. A separate answer was filed .by the defendants, in which they alleged that they had transferred their property and business to the co-surety, J. C. Dicken, to secure him and Samuel Mus-grave from any…
2Cases cited3 opinions
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- Peoples v. Peoples Bros., Inc.District Court, E.D. Pennsylvania · 1918
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