Walker v. Coover
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county: No. 33, of May Term 1870. On the 6th of February 1861, Matthias Bittner issued an attachment execution against Josiah Snyder on a judgment recovered against him on the 5th of February, for $588.75. Samuel Walker was one of the garnishees; he answered interrogatories and also pleaded nulla bona. On the 20th of September 1869, Snyder’s death was suggested, and John B. Coover, his administrator, was substituted.
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Error to the Court of Common Pleas of Somerset county: No. 33, of May Term 1870. On the 6th of February 1861, Matthias Bittner issued an attachment execution against Josiah Snyder on a judgment recovered against him on the 5th of February, for $588.75. Samuel Walker was one of the garnishees; he answered interrogatories and also pleaded nulla bona. On the 20th of September 1869, Snyder’s death was suggested, and John B. Coover, his administrator, was substituted. On the same day the case came on for trial before Rowe, J.1 The father of Snyder devised to him certain real estate, subject to…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Agnew, J.
All of the assignments of error in this case rest upon a single question, upon the right of Mrs. Patton to take and hold the last instalments of $500 each of the judgments of Josiah Snyder against Samuel Walker. The court below held that the verbal transfer of these two instalments by Snyder to Mrs. Patton, as collateral security for certain debts, which she undertook to pay for Snyder, was void as to all sums paid by her after service of the attachment on her and Samuel Walker. This is on the ground that she is a married…
2Cited by2 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Yerkes v. RichardsSupreme Court of Pennsylvania · 1893