Dormer v. Brown
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: Of October and November Term 1872, No. 106. In 1865 W. H. Brown, by virtue of several warrants of attorney, caused three judgments to be entered in the District Court of Allegheny county, against Jenkins, Nish & Co., and Jenkins, Hill & Co., firms composed of the same members, except that Hill was in the latter firm only.
Read the full summary
Error to the District Court of Allegheny county: Of October and November Term 1872, No. 106. In 1865 W. H. Brown, by virtue of several warrants of attorney, caused three judgments to be entered in the District Court of Allegheny county, against Jenkins, Nish & Co., and Jenkins, Hill & Co., firms composed of the same members, except that Hill was in the latter firm only. Subsequently, in 1866, Alonzo Inskeep, I. C. Anderson, Eliphalet Downer and Joseph Kiddoo recovered judgments against the same defendants. Brown, to April Term 1868, issued executions on his judgments under which the real…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— The only question presented on this record lies within a very narrow compass. Had the plaintiffs in error a legal right to the feigned issue which was awarded in the court below upon their petition ? If they had, it was manifest error in the court to direct that it should be stricken from the record.
The answer to this question is dependent upon another — whether the issue was awarded at the request of the parties interested, for the determination of a fact or facts material to the distribution of a fund arising from a sale by the…
2Cases cited2 opinions
- Bichel v. RankSupreme Court of Pennsylvania · 1836
- Reigart's AppealSupreme Court of Pennsylvania · 1844
3Cited by1 opinion
- Clarke & Cohen v. Real Ex Rel. Stroudsburg Nat. BankSuperior Court of Pennsylvania · 1931