Ogle v. Baker
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS OF EAYETTE COUNTY. ' No. 44 July Term 1889, Sup. Ct.; court below, No. 148 June Term 1887, C. P. On April 15, 1887, Hannah Ogle brought trespass against Jonathan D. Baker, charging in substance that the defendant, by means of a certain judgment against her fraudulently obtained by him, and an attachment-execution issued thereon, had wrongfully and fraudulently collected and received $377 of the moneys of the plaintiff.
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APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS OF EAYETTE COUNTY. ' No. 44 July Term 1889, Sup. Ct.; court below, No. 148 June Term 1887, C. P. On April 15, 1887, Hannah Ogle brought trespass against Jonathan D. Baker, charging in substance that the defendant, by means of a certain judgment against her fraudulently obtained by him, and an attachment-execution issued thereon, had wrongfully and fraudulently collected and received $377 of the moneys of the plaintiff. The defendant pleaded not guilty. At the trial on January 22, 1889, the following facts were shown: On December 22,1886, a…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
On December 22,1886, a judgment was entered in the Court of Common Pleas of Fayette county, in favor of the appellant and against the appellee, for $500, with interest thereon from the 16th of March preceding. This judgment was entered upon and by virtue of a warrant of attorney contained in a note purporting to be executed by the appellee. An attachment-execution was issued upon it, which was duly served upon the *384defendant therein, and the National Bank of Fayette county was summoned as garnishee. In due course of law, judgment was obtained against the garnishee…
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