Legal Opinion

Barlott v. Forney

Supreme Court of Pennsylvania

Decided July 21, 1898No. Appeal, No. 419PublishedCited by 19 opinions

Appeal, No. 419, Jan. T., 1897, by .plaintiff, from decree of C. P. Perry Co., August T., 1895, No. 35, on bill in equity. Bill in equity to declare a judgment invalid, as fraudulent and collusive. The court found as a fact that a judgment given on March 27, 1895, by John W. Forney to Franklin F. Forney, for $3,500, was not fraudulent, but was given for money loaned. The court, Lyons, P. J., entered a decree dismissing the bill.

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Appeal, No. 419, Jan. T., 1897, by .plaintiff, from decree of C. P. Perry Co., August T., 1895, No. 35, on bill in equity. Bill in equity to declare a judgment invalid, as fraudulent and collusive. The court found as a fact that a judgment given on March 27, 1895, by John W. Forney to Franklin F. Forney, for $3,500, was not fraudulent, but was given for money loaned. The court, Lyons, P. J., entered a decree dismissing the bill. Errors assigned among others were (2) finding as above; (3) decree dismissing bill. The appellee filed a motion to quash the appeal, assigning in support of the…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

There is a preliminary motion to quash this appeal. The decree was entered November 14, 1895. On December 15, 1896, on petition of the plaintiff, a rule for a rehearing was granted which was discharged on November 15, 1897. This appeal was taken November 27, 1897. The rule for rehearing did not stay the miming of the time within which the appeal could be taken: Ins. Co. v. Gaus, 91 Pa. 103; Lowenstein v. Ins. Co., 132 Pa. 410. The Act of May 19, 1897, P. L. 67, in sec. 4, limits all appeals to six months from the entry of the sentence, order, judgment or decree…

2Cases cited1 opinion

  1. Pennsylvania Central Insurance v. GausSupreme Court of Pennsylvania · 1879

3Cited by19 opinions

  1. Rutherford v. RutherfordSuperior Court of Pennsylvania · 1943
  2. Philadelphia Suburban Transportation Co. v. DiFrancescoSupreme Court of Pennsylvania · 1949
  3. Hinnershitz v. United Traction Co.Supreme Court of Pennsylvania · 1903
  4. Henry's EstateSupreme Court of Pennsylvania · 1927
  5. Hanna EstateSupreme Court of Pennsylvania · 1951

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