Lorenz's Administrators v. King
Supreme Court of Pennsylvania
EfeROR to tbe District Court of Allegheny county. Henry S. King having a judgment against Lorenz, Stewart & Co., composed of Thomas H. Lorenz, James J. Gray, and Charles H. 'Stewart, issued an execution attachment making Catherine Lorenz, Frederick R. Lorenz, and James J. Gray, administrators of F. Lorenz, deceased, garnishees. J. I. Kuhn, Esq., as attorney for the garnishees, accepted service of the writ of attachment.
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EfeROR to tbe District Court of Allegheny county. Henry S. King having a judgment against Lorenz, Stewart & Co., composed of Thomas H. Lorenz, James J. Gray, and Charles H. 'Stewart, issued an execution attachment making Catherine Lorenz, Frederick R. Lorenz, and James J. Gray, administrators of F. Lorenz, deceased, garnishees. J. I. Kuhn, Esq., as attorney for the garnishees, accepted service of the writ of attachment. Interrogatories were filed, to which answers were made in substance as follows:— 1. That Charles H. Lorenz, one of the defendants in the judgment, is a son of F. Lorenz,…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
— In Sinnickson v. Painter, 8 Casey 384, we determined that a foreign attachment will lie against a legacy or distributive share before any settlement of the estate of a decedent ; and that it is in the power of the court to mould the judgment against the executor or administrator into such form that no injustice shall be done to any one. The same rule is applica*97ble to attachment executions under the Acts of 13th April 1843, and 10th April 1849.
Where there are ample funds in the hands of the executor to pay a legacy after the discharge of all…
2Cases cited1 opinion
- Layman v. BeamSupreme Court of Pennsylvania · 1841
3Cited by8 opinions
- Overbrook Heights Building & Loan Ass'n v. WilsonSupreme Court of Pennsylvania · 1939
- Ellwanger v. MooreSupreme Court of Pennsylvania · 1903
- Hess's EstateSuperior Court of Pennsylvania · 1905
- Keystone State Corp. v. Union Indemnity Co., Pennsylvania Court of Common Pleas, Philadelphia County1941
- Stiffler's EstateSuperior Court of Pennsylvania · 1922
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