Legal Opinion

Mechanics' Bank v. Gorman

Supreme Court of Pennsylvania

Decided December 15, 1844PublishedCited by 4 opinions

ERROR to the District-Court for the city and county of Philadelphia. The Mechanics’ Bank of the city and county of Philadelphia against William T. Gorman. This was an amicable action of ejectment, in which the following case was stated in the nature of a special verdict, and subject to a writ of error.

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ERROR to the District-Court for the city and county of Philadelphia. The Mechanics’ Bank of the city and county of Philadelphia against William T. Gorman. This was an amicable action of ejectment, in which the following case was stated in the nature of a special verdict, and subject to a writ of error. Jacob Gilliams and wife, on the 21st day of September 1839, executed and delivered to John M. Odenheimer a general assignment, in due form, of all his estate, including the premises for which this ejectment is brought, in trust for creditors as set forth therein. The .said assignment was duly…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The rule of the common law, which rejects fractions of a day in determining the priority of liens, was restricted in Metzler v. Kilgore to judgments; and the reasons given for it show that it could not be otherwise. Judgments of the same date were held to start from the same point of time, not only because the common law principle of relation to the first day of the term had been altered no further than to let in record proof of the true day of rendition and not of the hour and minute, but because the date of a judgment being matter of…

2Cases cited1 opinion

  1. Livingston v. BellSupreme Court of Pennsylvania · 1834

3Cited by4 opinions

  1. Cohen v. Supreme Sitting of the Order of the Iron HallMichigan Supreme Court · 1895
  2. Miller v. Stetson & Co.Supreme Court of Alabama · 1858
  3. Boyer's EstateSupreme Court of Pennsylvania · 1866
  4. Ladley v. CreightonSupreme Court of Pennsylvania · 1872

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