Legal Opinion

Stewart v. M'Minn

Supreme Court of Pennsylvania

Decided December 15, 1842PublishedCited by 8 opinions

ERROR to the District Court for the city and county of Philadelphia. This was an execution in the nature of a foreign attachment under the 35th section of the Act of 16th June 1836, relating to executions, in which Alexander T. Stewart and Edward E. Mitchell, trading as A. T. Stewart & Co. were plaintiffs, George W. M’Minn defendant, and Arthur Thatcher and William Stevens, garnishees.

Read the full summary

ERROR to the District Court for the city and county of Philadelphia. This was an execution in the nature of a foreign attachment under the 35th section of the Act of 16th June 1836, relating to executions, in which Alexander T. Stewart and Edward E. Mitchell, trading as A. T. Stewart & Co. were plaintiffs, George W. M’Minn defendant, and Arthur Thatcher and William Stevens, garnishees. The following case was stated for the opinion of the court below, with a right to either party to take a writ of error: On the 20th of January 1838 the plaintiffs obtained judgment against George W. M’Minn, in…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The assignment, not being recorded within thirty days, was null and void, as against creditors, by the 5th section of the Act of 24th March 1818. Funds remained in the hands of the assignees at the time of the attachment, not paid over, consisting of money in hand $109.31, and debts to the assignees as such, not collected, $1361.14: the rest they had paid over to creditors under the assignment. The 35th section of the Act of the 16th June 1836, relating to executions, authorizes an attachment of execution to be levied on any debt due by the…

2Cases cited1 opinion

  1. Flanagin v. WetherillSupreme Court of Pennsylvania · 1840

3Cited by8 opinions

  1. Heath v. PageSupreme Court of Pennsylvania · 1870
  2. Fithian v. New York & Erie RailroadSupreme Court of Pennsylvania · 1857
  3. French v. BreidelmanSupreme Court of Pennsylvania · 1855
  4. Perry-Mason Shoe Co. v. SykesMississippi Supreme Court · 1894
  5. Beck v. KinealyMissouri Court of Appeals · 1901

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API