Mell v. Barner
Citations
- 135 Pa. 151
- 19 A. 940
- 1890 Pa. LEXIS 1162
Syllabus
<p>1. In an action by the maker of a judgment note, to recover damages from the payee’s administrator for the levying of an execution for its collection after notice that it liad been paid, the maker is not a competent witness to prove payment of the judgment to the deceased payee in the latter’s lifetime: §5, (e), act of May 23, 1887, P. L. 158.</p> <p>2. Although a judgment in favor of a decedent was paid to him in his lifetime, and after his death the defendant therein so notified the plaintiff’s administrator, the subsequent issuing of an execution thereon by the latter will not render him liable as for an abuse of legal process, in the absence that he acted maliciously or without probable cause.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- police had neither control nor possession of building in which hostages were held; merely cordoning off the area surrounding the building insufficient to show such control
- police had neither control nor possession of building in which hostages were held; merely cordoning off the area surrounding the building insufficient to show such control
Source: CourtListener parenthetical corpus (CC0).
Judges: Ctjrtam, McCollum, Mitchell, Paxson, Stebrett, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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