Hughes's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Montgomery county: Of January Term 1879, No. 58. Appeal of John Hughes and others from the decree of the court directing the restitution of certain money paid to appellants as distributees of a fund. ,R appeared that on September 27th 1871, the Mutual Eire Insurance Co. of Montgomery County, which had been summoned as garnishee of Daniel S. Nippes, paid $1385 into court for distribution.
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Appeal from the Court of Common Pleas of Montgomery county: Of January Term 1879, No. 58. Appeal of John Hughes and others from the decree of the court directing the restitution of certain money paid to appellants as distributees of a fund. ,R appeared that on September 27th 1871, the Mutual Eire Insurance Co. of Montgomery County, which had been summoned as garnishee of Daniel S. Nippes, paid $1385 into court for distribution. Before an auditor this fund was claimed by Margaret Nippes, wife of defendant, and by the appellants, the attaching creditors. It was awarded to the latter in the…
1Opinion of the CourtJustice Mercur
The contention in regard to this fund is now here for the third time. It was a contest between the appellee in her own right, and the appellants as attaching creditors of her husband’s rights. The fund had been paid into court by an insurance company. The court below decreed the money to the attaching creditors. In Nippes’s Appeal, 25 P. F. Smith 472, the decree was reversed “and record remitted that the fund in court may be paid or distributed according to the principles of this opinion.” The court below thought the effect of the decree was to re-open the whole case, and therefore again…
2Cited by1 opinion
- Wolongevicz v. Stegmaier Brewing Co.Superior Court of Pennsylvania · 1915