Orr & Lindsley v. Bornstein
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTV. No. 1 January Term 1889, Sup. Ct.; court below, No. 150 September Term 1886, C. P. No. 2. On November 20, 1886, William C. Orr and D. B. Lindsley, trading’ as Orr & Lindsley, recovered a judgment against Louis Bornstein for $1,258.12, and issued a writ of fieri facias upon which a levy was made on a stock of goods in a store-room at No. 1008 North Second street, Philadelphia.
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ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTV. No. 1 January Term 1889, Sup. Ct.; court below, No. 150 September Term 1886, C. P. No. 2. On November 20, 1886, William C. Orr and D. B. Lindsley, trading’ as Orr & Lindsley, recovered a judgment against Louis Bornstein for $1,258.12, and issued a writ of fieri facias upon which a levy was made on a stock of goods in a store-room at No. 1008 North Second street, Philadelphia. The goods being claimed by Jennie V. Bornstein, the wife of the execution defendant, an issue was framed under the sheriff’s interpleader act, wherein Mrs.…
1Opinion of the Court
Opinion,
Me. Justice Steeeett :
It was incumbent on the plaintiff in this feigned issue to prove that the goods levied on by her husband’s creditors and claimed by her were in fact her separate property, not acquired in any manner, directly or indirectly, from or through her *315husband or on his credit, if the evidence introduced by her was believed by the jury, as by their verdict it appears to have been, the proof of her title was complete.
In substance, the uncontradicted evidence was, that in March, 1885, Mrs Bornstein, a married woman, having then no separate property of her own, determined to…
2Cases cited6 opinions
- Bucher v. ReamSupreme Court of Pennsylvania · 1871
- Leinbach v. TemplinSupreme Court of Pennsylvania · 1884
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- Pier v. SiegelSupreme Court of Pennsylvania · 1884
1 more not listed; retrieve them via the Exa API.
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