Wills v. Kane
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This is a writ of error to a ca. sa., issued on the judgment in the case immediately before reported.
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Error to the District Court of Allegheny county. This is a writ of error to a ca. sa., issued on the judgment in the case immediately before reported. Dec. 20, 1852. On affidavit of M. Kane, Jr.,'alleging that the said John A. Wills had property which he fraudulently concealed from his creditors; and also that he had money or evidences of debt, which he unjustly refused to apply to the payment of the said Kane’s judgment, a bench-warrant was issued for his arrest, by Judge Williams. On final hearing, December 28, 1852, this warrant was discharged, “on the ground tbat tbe same was…
1Opinion of the Court
The-opinion of the court was delivered October 12, 1853, by
Lewis, J.
— The judgment below has been affirmed, for the reasons stated in the opinion just ^delivered* by Mr. Justice Woodward. This is a writ of error to the execution. The objection to the ca. sa. is, that “the parties are not declared against in a fiduciary capacity, nor in any other way that creates any one of the exceptions under the statute, of which a party plaintiff may avail himself in issuing a ca. sa.” As the declaration has not been placed on the paper-book, we are unable to say how the fact is in this respect, but of…
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- Nasim v. Shamrock Welding Supply Co.Supreme Court of Pennsylvania · 1989
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