Legal Opinion

Aschenbach v. Carey

Supreme Court of Pennsylvania

Decided April 12, 1909No. Appeal, No. 253PublishedCited by 12 opinions

Appeal, No. 253, Jan. T., 1908, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1900, No. 509, on verdict for garnishee in case of Annie E. Aschenbach v. Michael F. Carey and Joseph W. Aschenbach, Copartners, trading as Carey & Company, Defendants, and John Byrne, Jr., Garnishee. Attachment execution. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for garnishee. Plaintiff appealed.

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Appeal, No. 253, Jan. T., 1908, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1900, No. 509, on verdict for garnishee in case of Annie E. Aschenbach v. Michael F. Carey and Joseph W. Aschenbach, Copartners, trading as Carey & Company, Defendants, and John Byrne, Jr., Garnishee. Attachment execution. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for garnishee. Plaintiff appealed. Error assigned was in refusing binding instructions for plaintiff.

1Opinion of the Court

Opinion bt

Mr. Justice Brown,

On February 4, 1901, the appellant obtained a judgment against Michael F. Carey for 11,186.06. In February,' 1906, she procured an attachment ad lev. deb. to be issued on it against John Byrne, Jr., as garnishee, to recover from him a *306debt alleged to be due by him to Carey. The facts under which the appellant claims to be entitled to a judgment against the garnishee are either undisputed or uncontradicted.

Laurence J. Carey, who died December 2, 1903, was at that time the proprietor of a saloon and the holder of a retail license for the sale of liquor from the court…

2Cases cited5 opinions

  1. In re Estate of BuckSupreme Court of Pennsylvania · 1898
  2. In re Estate of MuellerSupreme Court of Pennsylvania · 1899
  3. In re Estate of GrimmSupreme Court of Pennsylvania · 1897
  4. Johnson's AppealSupreme Court of Pennsylvania · 1887
  5. In re Estate of ImmendorfSupreme Court of Pennsylvania · 1899

3Cited by12 opinions

  1. Kosco v. Hachmeister, Inc.Supreme Court of Pennsylvania · 1959
  2. Feitz EstateSupreme Court of Pennsylvania · 1961
  3. In re John F. Doyle & SonCourt of Appeals for the Third Circuit · 1913
  4. Ryan EstateSupreme Court of Pennsylvania · 1953
  5. Stachnick EstateSupreme Court of Pennsylvania · 1954

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