Legal Opinion

Bonnaffon v. Thompson

Supreme Court of Pennsylvania

Decided May 7, 1877PublishedCited by 4 opinions

Error to the Court of Common Pleas, No. 4, of Philadelphia county : Of January Term 1875, No. 217. The case was this: Thomas Thompson and others obtained a judgment against Eli M. Broomall, and issued an attachment in execution, upon which A. L. Bonnaffon was summoned as garnishee; the defendant was not served.

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Error to the Court of Common Pleas, No. 4, of Philadelphia county : Of January Term 1875, No. 217. The case was this: Thomas Thompson and others obtained a judgment against Eli M. Broomall, and issued an attachment in execution, upon which A. L. Bonnaffon was summoned as garnishee; the defendant was not served. The garnishee pleaded nulla Iona, and upon a trial of the issue raised by this plea, the jury found a general verdict for the plaintiff in $648.18, without stating that the garnishee had money or effects of the defendant in his possession. It did not appear that any objection was made…

1Opinion of the CourtJustice Mercur

This is a case of attachment execution. The 35th section of the Act of June 16th 1836, Purd. Dig. 639, pl. 32, declares that a clause in the nature of a scire facias against at garnishee in a foreign attachment, shall be inserted in the writ of attachment, requiring such debtor, depositary, or bailee to appear and show cause why the judgment shall not be levied of the effects of the defendant in his hands.

In form, then, a writ of attachment execution is like the writ of scire facias, which issues on a judgment obtained in foreign attachment. With the exception that the former binds no…

2Cases cited2 opinions

  1. Flanagin v. WetherillSupreme Court of Pennsylvania · 1840
  2. Layman v. BeamSupreme Court of Pennsylvania · 1841

3Cited by4 opinions

  1. Longwell v. HartwellSupreme Court of Pennsylvania · 1894
  2. Wherry ex rel. Rosensteel v. WherrySupreme Court of Pennsylvania · 1897
  3. Girard Trust Co. v. Stopp, Pennsylvania Court of Common Pleas, Lehigh County1937
  4. Goller v. Wass's Administrator, Pennsylvania Court of Common Pleas, Somerset County1927

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