Bank v. Fulmor
Supreme Court of Pennsylvania
FROM the decree of the court of common pleas of MONTGOMERY COUNTY. Nos. 165, 166 July Term 1888, Sup. Ct.; court below, No. 10 December Term 1882, C. P. On December 6, 1882, by virtue of a warrant of attorney, a judgment was entered in favor of the Jenkintown National Bank against T. Lloyd Fulmor for the sum of $9,810. On June 7, 1886, a writ of fieri facias having issued on said judgment, the defendant presented his petition setting forth in substance, to wit: That the said…
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FROM the decree of the court of common pleas of MONTGOMERY COUNTY. Nos. 165, 166 July Term 1888, Sup. Ct.; court below, No. 10 December Term 1882, C. P. On December 6, 1882, by virtue of a warrant of attorney, a judgment was entered in favor of the Jenkintown National Bank against T. Lloyd Fulmor for the sum of $9,810. On June 7, 1886, a writ of fieri facias having issued on said judgment, the defendant presented his petition setting forth in substance, to wit: That the said judgment was given the plaintiff bank as collateral security for certain notes of himself and Elizabeth N. Fulmor; that…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson :
This was an appeal from the order of the court below staying the execution and awarding an issue. There was also a writ of error to the trial of the issue. There are but two assignments of error, in one of which it is averred that the court erred in suspending the execution and awarding an issue; in the other that the court erred in submitting the case to the jury. The two assignments are filed in both cases.
It is sufficient to say in regard to the appeal that the court did not open the judgment as a preliminary step; it merely stayed the execution and…
2Cases cited3 opinions
- Wernet's AppealSupreme Court of Pennsylvania · 1879
- Kneedler's AppealSupreme Court of Pennsylvania · 1880
- Wise's AppealSupreme Court of Pennsylvania · 1881
3Cited by107 opinions
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- Samuel Hird & Sons, Inc. v. City of GarfieldNew Jersey Superior Court Appellate Division · 1965
- Valley Forge Center Associates v. Rib-It/K.P., Inc.Superior Court of Pennsylvania · 1997
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Charles D. Kaier Co. v. O'brienSupreme Court of Pennsylvania · 1902
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