Legal Opinion

Rozelle v. Rhodes

Supreme Court of Pennsylvania

Decided April 18, 1887No. 17PublishedCited by 11 opinions

No. 17 July Term 1886, Supt. Ct.; court below, No. 238 June Term 1885, C. P. The case in the court below was an attachment-execution by Mason C. Rhodes, executor of Sidney Bailey, deceased, against Eben Rozelle, defendant, Isaac C. Tillinghast, garnishee, based upon a judgment obtained upon a note, with warrant of attorney and waiving exemption, etc., as follows:— §100 Factoryvtllb, Pa., Sept. 29,1884. One day after date I promise to pay Sidney Bailey or bearer out of my…

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No. 17 July Term 1886, Supt. Ct.; court below, No. 238 June Term 1885, C. P. The case in the court below was an attachment-execution by Mason C. Rhodes, executor of Sidney Bailey, deceased, against Eben Rozelle, defendant, Isaac C. Tillinghast, garnishee, based upon a judgment obtained upon a note, with warrant of attorney and waiving exemption, etc., as follows:— §100 Factoryvtllb, Pa., Sept. 29,1884. One day after date I promise to pay Sidney Bailey or bearer out of my first pension money the sum of One Hundred dollars, with interest, etc. The writ was issued May 2, 1885, and served upon…

1Opinion of the Court

Opinion,

Mr. Justice Clark :

On the 1st day of May, 1885, Mason C. Rhodes, executor of the last will and testament of Sidney Bailey, deceased, entered a judgment in the Court of Common Pleas of Lackawanna county, against Eben Rozelle, for debt 1100, with interest and costs; on the next day he issued an attachment-execution thereon, with clause of scire facias, to Isaac F. Tillinghast, garnishee. The writ was served on the defendant, and all debts, deposits, etc., due or owing the defendant in the hands of the garnishee, were levied and attached in satisfaction of the judgment.

On the 27th June,…

2Cases cited5 opinions

  1. Cavanaugh v. SmithIndiana Supreme Court · 1882
  2. Spelman v. AldrichMassachusetts Supreme Judicial Court · 1879
  3. Cranz v. WhiteSupreme Court of Kansas · 1882
  4. Friend v. GarcelonSupreme Judicial Court of Maine · 1885
  5. Rundle v. Scheetz, Pennsylvania Court of Common Pleas, Philadelphia County1839

3Cited by11 opinions

  1. Holmes v. TalladaSupreme Court of Pennsylvania · 1889
  2. Aubrey v. McIntoshSuperior Court of Pennsylvania · 1899
  3. Saxe v. Board of Revision of TaxesSuperior Court of Pennsylvania · 1932
  4. Pentz v. First National BankSuperior Court of Pennsylvania · 1920
  5. Wartella v. OsickSuperior Court of Pennsylvania · 1933

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