Legal Opinion

Bergman v. Straus

Supreme Court of Pennsylvania

Decided April 21, 1919No. Appeal, No. 294PublishedCited by 15 opinions

Appeal, No. 294, Jan. T., 1919, by defendants, from orders of C. P. No. 2, Philadelphia Co., Dec. T., 1918, No. 188, allowing amendment and refusing to quash a writ of foreign attachment, in case of A. Bergman,, trading as Bergman Knitting Mills, v. Lionel F. Straus and Sidney Weinburg, trading as F. A. Straus & Company. Buie to amend. Rule to quash writ of foreign attachment. The court allowed the amendment and refused to quash the attachment. Defendants appealed.

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Appeal, No. 294, Jan. T., 1919, by defendants, from orders of C. P. No. 2, Philadelphia Co., Dec. T., 1918, No. 188, allowing amendment and refusing to quash a writ of foreign attachment, in case of A. Bergman,, trading as Bergman Knitting Mills, v. Lionel F. Straus and Sidney Weinburg, trading as F. A. Straus & Company. Buie to amend. Rule to quash writ of foreign attachment. The court allowed the amendment and refused to quash the attachment. Defendants appealed. Errors assigned were the two orders of the court.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Plaintiffs issued a writ of foreign attachment against E. A. Straus & Company, a corporation, which was returned attached as commanded, summoned the garnishee and nihil habet as to defendant; appellants filed a petition averring there was no such corporation, but they composed a partnership of that name, and for that reason only moved to quash the attachment; plaintiffs moved for leave to amend by substituting appellants trading as F. A. Straus & Co., as defendants; the court below allowed the amendment, which was duly made, and discharged the motion to quash;…

2Cases cited4 opinions

  1. Mindlin v. Saxony Spinning Co.Supreme Court of Pennsylvania · 1918
  2. Pennsylvania Railroad v. PennockSupreme Court of Pennsylvania · 1866
  3. Richardson v. RichardsonSupreme Court of Pennsylvania · 1899
  4. Bellah v. PooleSupreme Court of Pennsylvania · 1902

3Cited by15 opinions

  1. Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
  2. Barrilo v. FrankSuperior Court of Pennsylvania · 1934
  3. Clauss v. AineySupreme Court of Pennsylvania · 1924
  4. Pottash v. Albany Oil Co.Supreme Court of Pennsylvania · 1922
  5. McCloskey v. Northdale Woolen MillsSupreme Court of Pennsylvania · 1929

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