Legal Opinion

Burger v. Burger

Supreme Court of Pennsylvania

Decided June 2, 1890No. 352PublishedCited by 5 opinions

APPEAL BY J. W. B. BAUSMAN FROM THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 352 January Term 1889, Sup. Ct.; court below, No. 5 March Term 1888, C. P. On February 14,1888, a judgment was entered by confession in favor of John Adam Burger against Henry Burger for $4,500, and the same day an attachment-execution was issued thereon, and was served upon J. W. B. Bausman as garnishee.

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APPEAL BY J. W. B. BAUSMAN FROM THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 352 January Term 1889, Sup. Ct.; court below, No. 5 March Term 1888, C. P. On February 14,1888, a judgment was entered by confession in favor of John Adam Burger against Henry Burger for $4,500, and the same day an attachment-execution was issued thereon, and was served upon J. W. B. Bausman as garnishee. On March 27,1888, in response to interrogatories filed by the plaintiff, the garnishee answered, stating the facts as follows : “ At a meeting of the creditors of Henry Burger, at which he was present, held at…

1Opinion of the Court

Opinion,

Mb,. Chief Justice Paxson:

This was an attachment-execution in the court below. Judgment was given against Bausman, one of the garnishees, upon his answer to the interrogatories filed by the attaching creditor. From this judgment, Bausman has appealed.

The answer admits the receipt of $1,737.50 from Henry Burger, the defendant in the execution, and that he (Bausman) deposited the money in the Farmers’ National Bank of Lancaster to the credit of “ J. W. B. Bausman, attorney for Henry Burger.” Thus, upon the books of the bank, the money belonged to Henry Burger, and neither the bank nor…

2Cases cited3 opinions

  1. First National Bank v. MasonSupreme Court of Pennsylvania · 1880
  2. Citizens N. Bank v. AlexanderSupreme Court of Pennsylvania · 1888
  3. Beans v. Bullitt & FairthorneSupreme Court of Pennsylvania · 1868

3Cited by5 opinions

  1. Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
  2. American Surety Co. of New York v. DicksonSupreme Court of Pennsylvania · 1942
  3. Clark v. ClarkPennylvania Municipal Court, Philadelphia County · 1932
  4. Jones v. KeeseySuperior Court of Pennsylvania · 1910
  5. Schuylkill Trust Co. v. Klemr, Pennsylvania Court of Common Pleas, Schuylkill County1928

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