Legal Opinion

Fulweiler v. Hughes

Supreme Court of Pennsylvania

Decided March 1, 1851PublishedCited by 9 opinions

This case came up from the Nisi Prius. It was a feigned issue directed by the court of Nisi Prius, in which John Eulweiler and Stephen Culbertson were made plaintiffs, and Joseph B. Hughes, defendant.

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This case came up from the Nisi Prius. It was a feigned issue directed by the court of Nisi Prius, in which John Eulweiler and Stephen Culbertson were made plaintiffs, and Joseph B. Hughes, defendant. It was directed to determine whether Hughes, the defendant, was the bond fide holder for value of a cheek of Orrick & Campbell, in favor of E. Jackson & Co., on the Bank of Penn Township, for $702.50. E. Jackson & Co. were iron masters, who carried on that business at two furnaces which they rented near Shippensburg, in Cumberland county, Pennsylvania. They were in embarrassed circumstances, and…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, J.

As the debt of Orrick & Campbell to Hughes lacked ten days of being due when the attachment execution was served, Hughes raises the question that it is not affected by the service. If this is true, then the other questions are of no importance.

It is unquestionably true, and for obvious reasons, not applicable here, that wages earned after the service of an attachment execution, are not affected by the writ. It is easy to see how a contrary doctrine might be used to persecute a debtor, and drive him out of all employment. Moreover, wages not…

2Cited by9 opinions

  1. Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1935
  2. In re the Estate of CordierNew York Surrogate's Court · 1938
  3. Hollander v. KressmanSuperior Court of Pennsylvania · 1940
  4. United States v. Automatic Heating & Equipment Co.District Court, E.D. Tennessee · 1960
  5. Bell v. Philadelphia Binding & Mailing Co.Superior Court of Pennsylvania · 1899

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