Smith v. Brooke
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Berks county. This was an attachment execution on a judgment in favour of John R. Brooke, against Adam Hippie, in which Aaron Smith was summoned as garnishee, in which, under the ruling of the court below, there was a verdict and judgment in favour of the plaintiff. This writ of error was sued out by the garnishee.
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Error to tbe Common Pleas of Berks county. This was an attachment execution on a judgment in favour of John R. Brooke, against Adam Hippie, in which Aaron Smith was summoned as garnishee, in which, under the ruling of the court below, there was a verdict and judgment in favour of the plaintiff. This writ of error was sued out by the garnishee. The errors -assigned here were to certain portions of the charge of the court printed in brackets, in which all the material facts of the case will be found. The learned judge before whom the case was tried (Woodward, J.), charged the jury as follows :—…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
Dr. Smith employed Adam Hippie, a master carpenter, to build a house, and agreed to pay him $1.50 the day for his own labour, and $1 a day for each of his hands; and from this per diem of the hands, Hippie was to receive assessments varying from five to fifty cents a day for each hand, according to the degree of supervision they would respectively require. On the trial of the cause the per diem for Hippie’s own labour was ascertained to amount to $463.50 — a fund which the court held to be exempted from attachment-execution by the Act…
2Cited by21 opinions
- Moats v. Thompson, Exrs.Supreme Court of Pennsylvania · 1925
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
- Delaware Dredging Co. v. Tucker Stevedoring Co.Court of Appeals for the Third Circuit · 1928
- Commonwealth Ex Rel. v. PetersonSuperior Court of Pennsylvania · 1930
- Commonwealth v. StambaughSuperior Court of Pennsylvania · 1903
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