Commonwealth ex rel. McDonald v. Cooper
Supreme Court of Pennsylvania
Appeal, No. 13, May T., 1899, by plaintiffs, from judgment of C. P. Pulton Co., June T., 1898, No. 60, for defendants non obstante veredicto. Scire facias to enforce an alleged lien against real estate. At the trial the jury under instructions from the court returned a verdict for plaintiffs for the sum of $1,020.68, subject to the opinion of the court whether judgment should not be entered for defendants non obstante veredicto.
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Appeal, No. 13, May T., 1899, by plaintiffs, from judgment of C. P. Pulton Co., June T., 1898, No. 60, for defendants non obstante veredicto. Scire facias to enforce an alleged lien against real estate. At the trial the jury under instructions from the court returned a verdict for plaintiffs for the sum of $1,020.68, subject to the opinion of the court whether judgment should not be entered for defendants non obstante veredicto. Subsequently the court entered judgment for the widow and heirs of James Cooper, deceased, non obstante veredicto, Swope, P. J., filing the following opinion: On the…
1Opinion of the Court
Opinion bx
Mb. Chief Justice Steebett,
This scire facias on judgment No 8 of March term, 1888, was issued May 5, 1898, to bring in the widow and heirs of J ames Cooper, deceased, against whose administratrices said judgment was recovered on March 26,1898. The original liability which is thus sought to be enforced against the widow and heirs was assumed by said decedent, James Cooper, as one of three-sureties on the bond of Robert A. McDonald, trustee to make sale of the real estate of John Kittel, deceased, to pay legacies. The present use plaintiffs are the legal representatives of the other…
2Cases cited4 opinions
- Allen v. KripsSupreme Court of Pennsylvania · 1888
- Kittel's EstateSupreme Court of Pennsylvania · 1893
- Hope v. MarshallSupreme Court of Pennsylvania · 1881
- Allen v. KripsSupreme Court of Pennsylvania · 1889