Legal Opinion

Barnett v. Kimmell

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 7 opinions

Error to the Common Pleas of Qamlria county. This was a judgment in the penal sum of $600, entered on the 14th June 1858, on a bond and warrant of attorney, in favour of Emma Kimmell against Theodore Barnett and D. Hamilton, conditioned for the payment, by the defendants to the plaintiff, of the sum of $300, within sixty days from the 9th June 1858. Simultaneously with the execution of this bond and warrant of attorney, the plaintiff executed and delivered to the defendants…

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Error to the Common Pleas of Qamlria county. This was a judgment in the penal sum of $600, entered on the 14th June 1858, on a bond and warrant of attorney, in favour of Emma Kimmell against Theodore Barnett and D. Hamilton, conditioned for the payment, by the defendants to the plaintiff, of the sum of $300, within sixty days from the 9th June 1858. Simultaneously with the execution of this bond and warrant of attorney, the plaintiff executed and delivered to the defendants a defeasance, whereby she covenanted that if the defendant, Theodore Barnett, would marry her within the sixty days…

1Opinion of the Court

The opinion of the court was delivered by

Read, J.

Theodore Barnett, a minor, with his uncle, David Hamilton, entered into a bond with warrant of attorney to Emma Kimmell, in the penal sum of six hundred dollars, conditioned for the payment of three hundred dollars within sixty days from the 9th June 1858, with stay of execution for that period, and on the 14th June in the same year, judgment was entered upon it. At the same time, and of the same date with the bond, another paper was drawn up and executed by the obligee, and delivered to Hamilton, one of the obligors, in which, after reciting…

2Cases cited1 opinion

  1. Jackson, ex rel. Dies v. WinneNew York Supreme Court · 1831

3Cited by7 opinions

  1. Hilton v. RoylanceUtah Supreme Court · 1902
  2. Pretlow v. PretlowSupreme Court of Virginia · 1941
  3. Lannamann v. LannamannSuperior Court of Pennsylvania · 1952
  4. Berdikas v. BerdikasSuperior Court of Delaware · 1962
  5. Bove v. Pinciotti, Pennsylvania Court of Common Pleas, Philadelphia County1942

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