Duff v. McDonough
Superior Court of Pennsylvania
Appeal, No. 17, April T., 1896, by defendant, T. M. McDonough, from judgment of. C. P. No. 1, Allegheny Co., No. 323, Dee. T., 1888, committing defendant for contempt for nonpayment of costs in equity suit by W. H. Duff, plaintiff. Reeder, J., dissents. This was a bill in equity for the conveyance of real estate and a cancellation of deeds. The case was referred to John D..
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Appeal, No. 17, April T., 1896, by defendant, T. M. McDonough, from judgment of. C. P. No. 1, Allegheny Co., No. 323, Dee. T., 1888, committing defendant for contempt for nonpayment of costs in equity suit by W. H. Duff, plaintiff. Reeder, J., dissents. This was a bill in equity for the conveyance of real estate and a cancellation of deeds. The case was referred to John D.. Shafer as master, whose report appears on former appeal in this case in Duff v. McDonough, 155 Pa. 10. Other facts are stated in the opinion of the Superior Court as follows: The facts necessary to a proper understanding…
1Opinion of the Court
Opinion by
Wickham, J.,
(after stating the facts as above):
Not until after proceedings for contempt had been instituted against him, did McDonough comply with any part of the de*377cree — then he executed and delivered the release and turned over the Ross deed. He refused however to pay the costs, alleging poverty, and was therefore ordered to be committed for contempt. From this order he has appealed, alleging for error, first, that no attachment could legally issue, as the amount of the costs were not fixed in the decree; and in four other specifications of error, that the court was powerless to…
2Cases cited3 opinions
- Estate of MillerPennsylvania Orphans' Court, Philadelphia County · 1890
- Wilson v. Wilson, Pennsylvania Court of Common Pleas, Huntingdon County1891
- Church's AppealSupreme Court of Pennsylvania · 1883
3Cited by5 opinions
- Commonwealth v. GibbonsSuperior Court of Pennsylvania · 1899
- Allen v. PennypackerSupreme Court of Pennsylvania · 1930
- Ross v. DeverSupreme Court of Pennsylvania · 1929
- Estate of HoffmanSuperior Court of Pennsylvania · 1899
- Jack v. TwyfordSuperior Court of Pennsylvania · 1899