Wherry ex rel. Rosensteel v. Wherry
Supreme Court of Pennsylvania
Appeal, No. 59, Oct. T., 1896, by defendants, from judgment of C. P. Armstrong Co., Sept, T., 1898, No. 93, on verdict'for plaintiff. Scire facias to revive judgment.
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Appeal, No. 59, Oct. T., 1896, by defendants, from judgment of C. P. Armstrong Co., Sept, T., 1898, No. 93, on verdict'for plaintiff. Scire facias to revive judgment. Before Rayburn, P. J. The facts appear by the opinion of the Supreme Court. [At the trial defendants counsel objected to the jury being sworn in the case, Mrs. Ida B. Wherry for use of D. L. Rosensteel, as the name of D. L. Rosensteel is on the record as use plaintiff without authority of law, and also objected to the jury being sworn to Paul Wherry, Maggie Wherry or John M. Leech, guardian, for the reason that there had been…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Ida B. Wherry, on the 10th day of July, 1883, obtained a judgment against T. T. Wherry, her husband, who died on the 26th of April, 1884, without having paid the judgment, or any part of it. Letters of administration upon his estate were issued to her, and J. W. Leach was appointed guardian of his minor children. On the 5th of January, 1889, Ida B. Wherry gave her note to D. L. Rosensteel for $318 on which he *87entered a judgment against her. On the 4th of June, 1890, he obtained another judgment against her for $328.58, and on the same day he issued an attachment…
2Cases cited5 opinions
- Reed v. Penrose'sSupreme Court of Pennsylvania · 1860
- Bonnaffon v. ThompsonSupreme Court of Pennsylvania · 1877
- In re Baldwin's EstateSupreme Court of Pennsylvania · 1846
- Corson & Andrews v. McAfee ex rel. ShellySupreme Court of Pennsylvania · 1863
- Hartley v. WhiteSupreme Court of Pennsylvania · 1880
3Cited by2 opinions
- Goller v. Wass's Administrator, Pennsylvania Court of Common Pleas, Somerset County1927
- Stalwart B. & L. Ass'n v. BorbeckSuperior Court of Pennsylvania · 1936