Legal Opinion

Bernheimer v. Stewart

Superior Court of Pennsylvania

Decided April 29, 1913No. Appeal, No. 234Published

Appeal, No. 234, Oct. T., 1912, by plaintiffs, from order of C. P. No. 2, Phila. Co., June T., 1910, No. 437, making absolute rule to quash writ of attachment in case of Leo G. Bernheimer and Joseph H. Sundheim, copartners, trading as Bernheimer & Sundheim, v. David Stewart, defendant, Perpetual Building and Loan Association, Garnishee, and Isabel B. Boileau, Intervenor. Rule to quash writ of attachment. The opinion of the Superior Court states the case.

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Appeal, No. 234, Oct. T., 1912, by plaintiffs, from order of C. P. No. 2, Phila. Co., June T., 1910, No. 437, making absolute rule to quash writ of attachment in case of Leo G. Bernheimer and Joseph H. Sundheim, copartners, trading as Bernheimer & Sundheim, v. David Stewart, defendant, Perpetual Building and Loan Association, Garnishee, and Isabel B. Boileau, Intervenor. Rule to quash writ of attachment. The opinion of the Superior Court states the case. Error assigned was order quashing the writ.

1Opinion of the Court

Opinion by

Rice, P. J.,

The plaintiffs issued an attachment execution on their judgment against Stewart, and summoned the Perpetual Building and Loan Association as garnishee. In answer to interrogatories the garnishee admitted having certain shares of stock of the association belonging to the defendant in its possession, but stated that they had been assigned as collateral security for a loan. The court rendered judgment against the garnishee that they have execution subject to the lien of the garnishee on the stock. Subsequently a fieri facias issued, by virtue of which, and of a *535fieri facias…

2Cases cited6 opinions

  1. Early & Lane's AppealSupreme Court of Pennsylvania · 1879
  2. Poor v. ColburnSupreme Court of Pennsylvania · 1868
  3. First National Bank v. TrainerSupreme Court of Pennsylvania · 1904
  4. Smyth v. LevySuperior Court of Pennsylvania · 1897
  5. Eby v. GuestSupreme Court of Pennsylvania · 1880

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