Legal Opinion

Taylor v. Burrell

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 28PublishedCited by 7 opinions

Appeal, No. 28, Feb. T., 1898, by garnishee, from judgment of C. P. Clinton Co., Jan. T., 1896, No. 25 on verdict for plaintiff. Attachment execution. Before Mayes, P. J. It appears from the record and evidence that Burrell recovered judgment against Taylor on a promissory note on which Burrell was indorsee of Jacob Ricker the payee. Taylor made payment on the judgment and immediately issued an attachment execution against Ricker attaching Burrell.

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Appeal, No. 28, Feb. T., 1898, by garnishee, from judgment of C. P. Clinton Co., Jan. T., 1896, No. 25 on verdict for plaintiff. Attachment execution. Before Mayes, P. J. It appears from the record and evidence that Burrell recovered judgment against Taylor on a promissory note on which Burrell was indorsee of Jacob Ricker the payee. Taylor made payment on the judgment and immediately issued an attachment execution against Ricker attaching Burrell. The contention on the trial being as to whether Burrell the garnishee in the attachment had or had not purchased the note from Ricker, or whether…

1Opinion of the Court

Opinion by

Rice, P. J.,

1. The mistake of the court in stating the dates when suit was brought and judgment entered on the Taylor note, undoubtedly would have been called to the judge’s attention at the time, if the counsel had deemed it of any importance. But, evidently, it was of no importance whatever, for the appellant’s counsel, while now insisting that it ivas injurious to his *463client, lias failed to show in what manner, and we have been unable to discover that it could have injured him in any way.

2. The second assignment is based on a misconstruction of the judge’s remark, that Mr.…

2Cases cited7 opinions

  1. Commonwealth v. KaiserSupreme Court of Pennsylvania · 1898
  2. Steinbrunner v. Pittsb. etc. Ry. Co., Pennsylvania Court of Common Pleas, Alleghany County1892
  3. Knapp v. GriffinSupreme Court of Pennsylvania · 1891
  4. Krepps v. CarlisleSupreme Court of Pennsylvania · 1893
  5. J. B. Larzelere & Son v. TielSuperior Court of Pennsylvania · 1896

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

3Cited by7 opinions

  1. Commonwealth v. KaySuperior Court of Pennsylvania · 1900
  2. Provident Life & Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1902
  3. Claflin Co. v. QuernsSuperior Court of Pennsylvania · 1900
  4. McCord v. WhitacreSuperior Court of Pennsylvania · 1898
  5. McCosh v. MyersSuperior Court of Pennsylvania · 1904

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

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