Legal Opinion

Henderson's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 3 opinions

Appeal from the Common Pleas of Crawford county. This was an appeal by Henderson, Kirtland, North and Platt, from the decree of the Court of Common Pleas, distributing the money raised on two executions against George W. Townley; one of them a fieri facias, at the suit of John N. Osborn, and the other an attachment execution at the suit of the appellants, served on Thornley, as garnishee of John N. Osborn.

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Appeal from the Common Pleas of Crawford county. This was an appeal by Henderson, Kirtland, North and Platt, from the decree of the Court of Common Pleas, distributing the money raised on two executions against George W. Townley; one of them a fieri facias, at the suit of John N. Osborn, and the other an attachment execution at the suit of the appellants, served on Thornley, as garnishee of John N. Osborn. In the spring of 1837, certain New York creditors of John N. Osborn, forwarded their accounts for collection to H. L. Richmond, their attorney in Meadville. And on the 30th March, Osborn…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

The money in controversy here was made by the sheriff, and brought into court upon a judgment of John N. Osborn against George W. Townley. The appellants claim it by virtue of an attachment execution issued at their suit against Osborn, and served on Townley as garnishee.

Appellees — who are eleven New York firms — creditors of *504Osborn, claim it by virtue of a transfer made to them by Osborn on the 30th March 1857 (before- the attachment was laid), which transfer, they say, vested in them Osborn’s whole title, legal and equitable, to the debt…

2Cited by3 opinions

  1. Love v. ClaytonSupreme Court of Pennsylvania · 1926
  2. Wood v. KerkeslagerSupreme Court of Pennsylvania · 1910
  3. Penn Plate Glass Co. v. JonesSupreme Court of Pennsylvania · 1899

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