Knerr v. Hoffman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: No. 150, of January Term 1870. This was an attachment execution, issued December 2d 1865, by John L. Hoffman and William H. Hoffman, trading as J. L. & W. H. Hoffman, against Abraham Diefenderfer, in which Edward H. Knerr was garnishee.
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Error to the Court of Common Pleas of Lehigh county: No. 150, of January Term 1870. This was an attachment execution, issued December 2d 1865, by John L. Hoffman and William H. Hoffman, trading as J. L. & W. H. Hoffman, against Abraham Diefenderfer, in which Edward H. Knerr was garnishee. The judgment of the plaintiffs against Diefenderfer was for $378.33, recovered February 16th 1863. The garnishee pleaded “ nulla Iona.” ■ The plaintiffs offered Diefenderfer as a witness; he was objected to on the ground of interest. The plaintiffs then executed a release to him, reciting that he had been…
1Opinion of the Court
The opinion of the court was delivered, March 31st 1870, by
Sharswood, J.
The nine specifications of error may be most advantageously considered by classifying them.
The 1st, 3d and 5th raise the question whether the claim or demand by Diefenderfer, the original defendant, against Knerr, was the subject of an attachment in execution under the Act of Assembly of June 16th 1836, § 35, Pamph. L. 767. According to the testimony of Diefenderfer himself, who was examined as a witness for the execution-creditor, he was engaged by Knerr to superintend the raising of ore for “ half the profits and two…
2Cases cited1 opinion
- Galbreath v. MooreSupreme Court of Pennsylvania · 1833
3Cited by6 opinions
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- Importers & Traders National Bank v. LyonsSupreme Court of Pennsylvania · 1900
- Northampton Brewery Corp. v. LandeSuperior Court of Pennsylvania · 1938
- Right Lumber Co. v. KretchmarSuperior Court of Pennsylvania · 1963
- Book v. O'NeilSuperior Court of Pennsylvania · 1896
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