Lewis v. Linton
Supreme Court of Pennsylvania
Appeal, No. 38, Oct. T., 1902, by plaintiff;, from order of C. P. Armstrong Co., June T., 1897, No. 63, staying execution, in case of Hannah Ada Lewis, Earnest Henry Davis and Algernon Edward Sydney, Executors of Samuel Lewis, v. Elwina Linton. Rule to stay execution as to a particular class of property. From the record it appeared that the proceedings was a foreign attachment on a promissory note made in England by a married woman.
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Appeal, No. 38, Oct. T., 1902, by plaintiff;, from order of C. P. Armstrong Co., June T., 1897, No. 63, staying execution, in case of Hannah Ada Lewis, Earnest Henry Davis and Algernon Edward Sydney, Executors of Samuel Lewis, v. Elwina Linton. Rule to stay execution as to a particular class of property. From the record it appeared that the proceedings was a foreign attachment on a promissory note made in England by a married woman. The defendant claimed at the trial that as to a certain class of her property she was not liable. The ruling of the court was adverse to her claim, and a general…
1Opinion of the Court
Opinion by
Mb. Justice Felu,
The proceeding was by foreign attachment on a contract made in England by a married woman and to be performed there. At the trial testimony was produced to establish the liability of the defendant on this contract, and the extent thereof under the English law, and the form of a judgment that could be entered against her in England. The court was asked by the defendant to charge (1) that as the contract was made in England to be performed there by a married woman who was an English subject, the burden was on the plaintiff, in order to make the contract binding, to…
2Cited by4 opinions
- Stewart v. StewartSuperior Court of Pennsylvania · 1937
- Lewis v. LintonSupreme Court of Pennsylvania · 1904
- Christian v. BennettSupreme Court of Pennsylvania · 1934
- Linton v. Safe Deposit & Title Guaranty Co. of KittanningU.S. Circuit Court for the District of Western Pennsylvania · 1906