Legal Opinion

Connell v. O'Neil

Supreme Court of Pennsylvania

Decided May 8, 1893No. Appeal, No. 185PublishedCited by 18 opinions

Appeal, No. 185, Jan. T., 1893, by defendant, Mary A. O’Neil, executrix of Arthur O’Neil, deceased, from judgment of C. P. No. 4., Phila. Co., on verdict for plaintiff, Horatio P. Connell, sheriff. Interpleader to determine ownership of fund in the hands of Jas. A. Freeman & Co., auctioneers. At the trial, before Willson, J., it appeared that in January, 1891, an execution was issued against Arthur O’Neil.

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Appeal, No. 185, Jan. T., 1893, by defendant, Mary A. O’Neil, executrix of Arthur O’Neil, deceased, from judgment of C. P. No. 4., Phila. Co., on verdict for plaintiff, Horatio P. Connell, sheriff. Interpleader to determine ownership of fund in the hands of Jas. A. Freeman & Co., auctioneers. At the trial, before Willson, J., it appeared that in January, 1891, an execution was issued against Arthur O’Neil. The sheriff, on Jan. 9,1891, through his deputy, levied upon the stock in the coppersmith shop of O’Neil. With the consent of counsel for plaintiffs, time was given him to raise money to…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

A preliminary question is raised in this case, of much importance in practice. The appellant has no bill of exceptions. There is therefore nothing before us but the bare record, and as that is regular on its face, there is no error on which the judgment can be reversed.

But the impression seems to have lodged in the minds of some practitioners, and even of some judges, that bills of exception are no longer necessary. There could not be a more serious misconception. A trial by jury takes place in pais, and no part of it goes on the record except the calling of the…

2Cases cited7 opinions

  1. Taylor v. PrestonSupreme Court of Pennsylvania · 1875
  2. Rosenthal v. EhrlicherSupreme Court of Pennsylvania · 1893
  3. Janney v. HowardSupreme Court of Pennsylvania · 1892
  4. Lancaster v. De NormandieSupreme Court of Pennsylvania · 1836
  5. Chase v. VandergriftSupreme Court of Pennsylvania · 1879

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

3Cited by18 opinions

  1. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
  2. Curtis v. WinstonSupreme Court of Pennsylvania · 1898
  3. Commonwealth ex rel. Turk v. AsheSuperior Court of Pennsylvania · 1950
  4. Heyer v. Cunningham Piano Co.Superior Court of Pennsylvania · 1898
  5. Hill v. EganSuperior Court of Pennsylvania · 1896

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

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