Commonwealth ex rel. Graham v. McCleary
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county: Of October and November Term 1878, No. 306. Debt on a bond by the Commonwealth for the use of G. H. Graham, committee of Mrs. Elizabeth McCleary, a lunatic, against J. J. McCleary and George C. Conway. Elizabeth McCleary was declared a lunatic, and her son, J. J. McCleary was appointed her committee on August 15th 1870, and qualified and assumed the duties of the trust.
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Error to the Court of Common Pleas of Butler county: Of October and November Term 1878, No. 306. Debt on a bond by the Commonwealth for the use of G. H. Graham, committee of Mrs. Elizabeth McCleary, a lunatic, against J. J. McCleary and George C. Conway. Elizabeth McCleary was declared a lunatic, and her son, J. J. McCleary was appointed her committee on August 15th 1870, and qualified and assumed the duties of the trust. On November 29th 1871, he petitioned the court for leave to sell her real estate and obtained a decree of sale, and gave his bond with his brother-in-law, George C. Conway,…
1Opinion of the CourtJustice Mercur
delivered the opinion of the court January 5th 1880. .
*191This was an action of debt on a bond executed by the defendants jointly and severally, in the penal sum of $10,000. Judgment was taken against McCleary for want of an affidavit of defence. The prothonotary liquidated the judgment for the amount of the whole penal sum. Execution issued therefor, and some $2000 of it was collected. Conway' put in a plea, and on the trial of the issue, thé court instructed the jury to return a verdict in favor of the plaintiff for $4000, reserving the question whether the suit was prematurely brought, and…
2Cases cited2 opinions
- O'Neal v. O'NealSupreme Court of Pennsylvania · 1842
- M'Kinney v. MitchellSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
- Stedman v. PoterieSupreme Court of Pennsylvania · 1891
- East Penn Township School District School Board v. KemmererSuperior Court of Pennsylvania · 1945
- Meyers v. Stern, Pennsylvania Court of Common Pleas, Philadelphia County1945