McCahill v. Maguire

Supreme Court of Pennsylvania

McCahill v. Maguire

44 A. 499, 193 Pa. 428, 1899 Pa. LEXIS 1139

CourtSupreme Court of Pennsylvania

DecidedOctober 30, 1899

DocketAppeal, No. 37

StatusPublished

This text of 44 A. 499 (McCahill v. Maguire) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCahill v. Maguire, 44 A. 499, 193 Pa. 428, 1899 Pa. LEXIS 1139 (Pa. 1899).

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Opinion

Pee Cubiam,

In the absence of any evidence establishing a superior equity in the appellant, McCahill and Goedeck, the plaintiffs in the writ on which the fund for distribution was raised, were entitled to the sum in controversy by virtue of the legal priority of their judgment. There was therefore no error in dismissing appellant’s exceptions and confirming the sheriff’s special return. Neither of the specifications of error requires discussion. They are both overruled.

Decree affirmed and appeal dismissed at the cost of the appellant, Chas. J. Butterwick.

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Pee Cubiam,

In the absence of any evidence establishing a superior equity in the appellant, McCahill and Goedeck, the plaintiffs in the writ on which the fund for distribution was raised, were entitled to the sum in controversy by virtue of the legal priority of their judgment. There was therefore no error in dismissing appellant’s exceptions and confirming the sheriff’s special return. Neither of the specifications of error requires discussion. They are both overruled.

Decree affirmed and appeal dismissed at the cost of the appellant, Chas. J. Butterwick.

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Bluebook (online)

44 A. 499, 193 Pa. 428, 1899 Pa. LEXIS 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccahill-v-maguire-pa-1899.