Gilmore v. Alexander
Supreme Court of Pennsylvania
Appeal, No. 220, Jan. T., 1920, by Archibald A. Alexander, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1894, No. 693, on verdict for plaintiff, in case of Margaret Van Cleek Gilmore, to use of Fidelity Trust Co., remaining executor of John Alexander, deceased, v. Archibald A. Alexander, defendant, and Fidelity Trust Co., remaining executor of John Alexander, deceased, garnishee. Attachment execution sur judgment.
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Appeal, No. 220, Jan. T., 1920, by Archibald A. Alexander, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1894, No. 693, on verdict for plaintiff, in case of Margaret Van Cleek Gilmore, to use of Fidelity Trust Co., remaining executor of John Alexander, deceased, v. Archibald A. Alexander, defendant, and Fidelity Trust Co., remaining executor of John Alexander, deceased, garnishee. Attachment execution sur judgment. Before Fin-letter, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $10,231.65. Archibald A. Alexander appealed. Error assigned,…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is a proceeding on an execution attachment, and the main question is the sufficiency of the evidence to rebut the presumption of payment of a judgment over twenty years old. In November, 1895, plaintiff recovered judgment against the defendant and issued an execution attachment. Defendant’s father, John Alexander, had recently died and his executors were summoned as garnishees. After a contest, the will of John Alexander was finally sustained by a decision of this court in 1903. When he died he' was trustee for three of his children under the will of their…
2Cases cited15 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Richards v. WalpSupreme Court of Pennsylvania · 1908
- Fidelity Title & Trust Co. v. ChapmanSupreme Court of Pennsylvania · 1910
- Miller v. Overseers of PoorSuperior Court of Pennsylvania · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Frey's EstateSupreme Court of Pennsylvania · 1941
- Grenet's EstateSupreme Court of Pennsylvania · 1938
- Schmalz v. Manufacturers & Traders Trust Co.Superior Court of Pennsylvania · 2013
- Engemann v. Colonial Trust Co.Supreme Court of Pennsylvania · 1954
- Block v. BiddleDistrict Court, W.D. Pennsylvania · 1965
13 more not listed; retrieve them via the Exa API.