Jackson's Executors v. Lloyd
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. Action of debt by David Lloyd against Richard H. Jackson, George R. Jackson, and Richard Jackson, executors of John Jackson, deceased, James R. Dougherty, and James R. Porter, Sr. The plaintiff’s claim was founded on a note under seal, dated 18th May 1857, for $1751.75, signed by John Jackson, James R. Dougherty, and James R. Porter; before suit brought, John Jackson died, and letters testamentary were issued to Richard H.…
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Error to the Common Pleas of Westmoreland county. Action of debt by David Lloyd against Richard H. Jackson, George R. Jackson, and Richard Jackson, executors of John Jackson, deceased, James R. Dougherty, and James R. Porter, Sr. The plaintiff’s claim was founded on a note under seal, dated 18th May 1857, for $1751.75, signed by John Jackson, James R. Dougherty, and James R. Porter; before suit brought, John Jackson died, and letters testamentary were issued to Richard H. Jackson, George R. Jackson, and Richard Jackson, his executors. This suit was then instituted as above stated. On the…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The court were clearly right, as the record stands before us, in allowing the same to be amended by striking off the names of James R. Dougherty and James R. Porter, as defendants, and this leaves only the fourth specification of error for our consideration.
The general rule in foreign attachment in Pennsylvania has been that interest on a debt due by the garnishee to his creditor, as whose property it was attached, is suspended during the pendency of the proceedings. This was laid down in Fitzgerald v. Caldwell, 2 Dall. 215, and fully approved…
2Cases cited2 opinions
- Fitzgerald v. CaldwellSupreme Court of Pennsylvania · 1793
- Fitzgerald v. CaldwellSupreme Court of the United States · 1793
3Cited by3 opinions
- City and County of Honolulu v. KamHawaii Supreme Court · 1965
- Powers v. SlatterySupreme Court of Pennsylvania · 1938
- Riffle v. HusteadCourt of Appeals for the Third Circuit · 1925