Pontius v. Nesbit
Supreme Court of Pennsylvania
Error to the Common Picas of Union county. This was a proceeding in the court below, under a rule obtained by Mary Hays, (who was summoned as garnishee in an attachment-execution against Nesbit, Hayes & Fichthorn; at the suit' of J. Frederick Pontius,) to show cause why an attachment-execution against her should not be quashed, on the ground of a previous execution-attachment having been issued on the same judgment against a different garnishee, and under a different Act of…
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Error to the Common Picas of Union county. This was a proceeding in the court below, under a rule obtained by Mary Hays, (who was summoned as garnishee in an attachment-execution against Nesbit, Hayes & Fichthorn; at the suit' of J. Frederick Pontius,) to show cause why an attachment-execution against her should not be quashed, on the ground of a previous execution-attachment having been issued on the same judgment against a different garnishee, and under a different Act of Assembly. On argument, the rule was made absolute, whereupon the case was removed into this court by the plaintiff, by…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
On the 30th March 1861, plaintiff issued an attachment-execution under the 35th section of the Act of 16th June 1836, relating to executions, and served it on the Lewis-burg Bank; but finding that the defendants had no deposits there, he issued, on the 13th April 1861, an attachment under the 32d section of the same act, with a view of attaching stock which the defendants, or one of them, held in that bank, in the name of Mary Hayes.
The court, on motion, set aside the latter writ, on the ground that the former one had not been abandoned or…
2Cited by12 opinions
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- Grieb v. KuttnerSupreme Court of Pennsylvania · 1890
- Stofflett v. KressSupreme Court of Pennsylvania · 1941
- Lietka v. HAMBERSKYSuperior Court of Pennsylvania · 1950
- Sheip v. Price, Page & Co.Superior Court of Pennsylvania · 1896
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