Legal Opinion

Chew's Appeal

Supreme Court of Pennsylvania

Decided February 16, 1863PublishedCited by 22 opinions

Appeal from the Common Pleas of Philadelphia county. This was an appeal by Benjamin Chew from the decree of the court below, made on the 22d November 1862, awarding an attachment against him for the non-performance of an order of the court, made on the 25th of September 1858, directing him to pay over to Henry B. Chew and James M. Mason, executors of Benjamin Chew, deceased, or their attorney, the sum of $1382.20, being their distributive portion of the balance in his hands…

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Appeal from the Common Pleas of Philadelphia county. This was an appeal by Benjamin Chew from the decree of the court below, made on the 22d November 1862, awarding an attachment against him for the non-performance of an order of the court, made on the 25th of September 1858, directing him to pay over to Henry B. Chew and James M. Mason, executors of Benjamin Chew, deceased, or their attorney, the sum of $1382.20, being their distributive portion of the balance in his hands as their trustee. In answer to a rule to show cause why an attachment should not be awarded for non-payment of the money…

1Opinion of the Court

The opinion of the court was delivered, by

Strong, J.

The appellant complains of an order of the Court of Common Pleas awarding an attachment against him for a contempt incurred by disobedience of their direction that he should pay over to the executors of Benjamin Chew, deceased, a sum of money which he holds as their trustee. He alleges that since the Act of 1842, abolishing imprisonment for debt, a court *251of equity cannot enforce a decree for the payment of money only, by process of attachment against the person. If such be the effect of that act, if one who is in the strictest sense a…

2Cases cited1 opinion

  1. Ex Relatione Scott v. JailerSupreme Court of Pennsylvania · 1855

3Cited by22 opinions

  1. Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939
  2. Commonwealth Ex Rel. Di Giacomo v. HestonSupreme Court of Pennsylvania · 1928
  3. Messmore's EstateSupreme Court of Pennsylvania · 1928
  4. Commonwealth ex rel. Lieberum v. LewisSupreme Court of Pennsylvania · 1916
  5. The People v. LamotheIllinois Supreme Court · 1928

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