Wistar v. McManes
Supreme Court of Pennsylvania
This was an appeal from a-decree of the District Court of Philadelphia. In Equity. The bill was filed to March Term 1865, by Richard M. Wistar against James McManes and John McIntyre, McIntyre being trustee and assignee of the complainant. • The bill alleges that the complainant, on the 24th of July 1831, conveyed his real estate upon certain trusts, and that on October 17th 1882, and June 19th 1838, he took the benefit of the insolvent laws, assigned all his estate and was…
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This was an appeal from a-decree of the District Court of Philadelphia. In Equity. The bill was filed to March Term 1865, by Richard M. Wistar against James McManes and John McIntyre, McIntyre being trustee and assignee of the complainant. • The bill alleges that the complainant, on the 24th of July 1831, conveyed his real estate upon certain trusts, and that on October 17th 1882, and June 19th 1838, he took the benefit of the insolvent laws, assigned all his estate and was discharged, and that on the 18th of April 1868, all his estate not sold and distributed amongst his creditors became…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The bill in this case is for relief against judgment and execution in a court of law, and for discovery in aid of the relief sought. To the discovery asked for the defendant demurs, and assigns, for the reasons or grounds, that the judgments are res determination in another court. The demurrer is addressed not to the bill generally, nor to the relief, but exclusively to so much of the bill as seeks discovery. Such being its character, it should not have been sustained in thé court below. A defendant is for relief, and discovery as incidental…
2Cases cited4 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Hagner v. HeybergerSupreme Court of Pennsylvania · 1844
- Fanning v. DunhamNew York Court of Chancery · 1821
- Arden v. PattersonNew York Court of Chancery · 1821
3Cited by5 opinions
- Appeal of GivenSupreme Court of Pennsylvania · 1888
- Wilson v. BuchananSupreme Court of Pennsylvania · 1895
- Koch v. BieseckerSuperior Court of Pennsylvania · 1898
- Sherwood Bros. Co. v. KennedySuperior Court of Pennsylvania · 1938
- Straw v. MurphySupreme Court of Pennsylvania · 1897