Commonwealth v. Thomas
Superior Court of Pennsylvania
.Appeal, No. 407, Oct. T., 1915, by plaintiff, from order of O. P. No. 4, Philadelphia Co., June T., 1915, No. 4777, discharging rule for judgment on garnishment proceedings in case óf Commonwealth v. Woodford H. Thomas and Fidelity Trust Company, Garnishee. Sur rule for judgment on answers to interrogatories.
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.Appeal, No. 407, Oct. T., 1915, by plaintiff, from order of O. P. No. 4, Philadelphia Co., June T., 1915, No. 4777, discharging rule for judgment on garnishment proceedings in case óf Commonwealth v. Woodford H. Thomas and Fidelity Trust Company, Garnishee. Sur rule for judgment on answers to interrogatories. From the record it appeared that the defendant was arrested by a warrant issued under the provisions of the Act of April 13,1867, P. L. 78, and after a hearing before the magistrate was bound over for the Court of Quarter Sessions where, after hearing, he was ordered to pay $3 per week…
1Opinion of the Court
Opinion by
Head, J.,
The able and elaborate briefs presented by counsel at bar would carry the discussion of the case before us much farther afield than we are required to go in order to determine the real question involved. Whilst that question *278may be and has been viewed from many angles, it presents one fundamental aspect on which we conclude to rest our judgment. Briefly, the facts out of which the contention arises, are these.
Elizabeth P. Hopple died in 1910, having first made her last will, which was duly admitted to probate. In and by that will she gave to the Fidelity Trust Co. the sum…
2Cases cited3 opinions
- Fisher v. TaylorSupreme Court of Pennsylvania · 1829
- Thackara v. MintzerSupreme Court of Pennsylvania · 1882
- Board of Charities v. LockardSupreme Court of Pennsylvania · 1901
3Cited by5 opinions
- Sproul-Bolton v. Sproul-BoltonSupreme Court of Pennsylvania · 1955
- Davies v. Harrison, Pennsylvania Court of Common Pleas, Philadelphia County1923
- Girard EstatePennsylvania Orphans' Court, Philadelphia County · 1955
- Malone v. Reburn, Pennsylvania Court of Common Pleas, Philadelphia County1934
- Weightman v. WeightmanPennylvania Municipal Court, Philadelphia County · 1924