Legal Opinion

Commonwealth v. Cochran

Pennsylvania Court of Common Pleas, Butler County

Decided January 4, 1892No. 114PublishedCited by 4 opinions

No. 114 October Term 1891, Sup. Ct.; court below, No. 83 June Term 1891, C. P. On February 13, 1891, Ella J. Cochran, having obtained judgment to No. 186 March Term 1891, for four thousand dollars, against Lydia A. Cochran, and W. S. Cochran, executor of the will of Patrick Graham, deceased, the latter a surety upon the bond of Lydia A. Cochran, guárdian of the plaintiff, issued a scire facias thereon to No. 83 June Term 1891, against “ W. S. Cochran, executor of the last…

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No. 114 October Term 1891, Sup. Ct.; court below, No. 83 June Term 1891, C. P. On February 13, 1891, Ella J. Cochran, having obtained judgment to No. 186 March Term 1891, for four thousand dollars, against Lydia A. Cochran, and W. S. Cochran, executor of the will of Patrick Graham, deceased, the latter a surety upon the bond of Lydia A. Cochran, guárdian of the plaintiff, issued a scire facias thereon to No. 83 June Term 1891, against “ W. S. Cochran, executor of the last will of Patrick Graham, deceased, Lydia A. Cochran, Rebecca Graham, widow and devisee, W. S. Cochran, devisee, and Thomas…

1Opinion of the Court

Opinion,

Mb. Justice Stebbett :

We were not referred to any Rule of Court under which this judgment was^entered. It may have been done under a practice peculiar to the court below. However that may have been, Cthe case was treated here by counsel on both sides, as a judgment for want of a sufficient answer or affidavit of defence, and as such we dispose of it.

It will be observed that the only appellants are W. S. Cochran, executor of Patrick Graham and devisee under his will of the land sought to be charged, and Edwin Cochran, alienee of said W. S. Cochran.

It is clear that the appellant W. S.…

2Cases cited2 opinions

  1. McBride's AppealSupreme Court of Pennsylvania · 1872
  2. Stewart v. MontgomerySupreme Court of Pennsylvania · 1854

3Cited by4 opinions

  1. Jones v. ShomakerSupreme Court of Florida · 1899
  2. Jones' CaseSupreme Court of Pennsylvania · 1941
  3. Lebling's EstatePennsylvania Orphans' Court, Erie County · 1941
  4. Pyles v. Bosler, Pennsylvania Court of Common Pleas, Cumberland County1934

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