Nesbitt v. Herbert

Citations

• 56 Pa. Super. 36
• 1914 Pa. Super. LEXIS 35

Syllabus

<p>Attachment execution — Ownership of fund — Partnership—Conflicting evidence as to partnership — Case for jury.</p> <p>1. On the trial of an attachment execution where it appears that the fund was attached as the individual property of the defendant and it is claimed that it really belonged to a partnership consisting of the defendant and his father, and the evidence is conflicting as to whether such partnership legally existed, the case must be submitted to the jury.</p> <p>2. In such a case where the amount of the fund attached is not disputed; it is not error to exclude the record of another action between different parties showing how the fund was produced. Such evidence is wholly immaterial to the issue.</p>