Lane v. White
Supreme Court of Pennsylvania
APPEAL BY THE PHILA. ETC. CO. FROM THE COURT OE COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 216 July Term 1890, Sup. Ct.; court below, No. 6 December Term 1888, C. P. No. 4. On September 17, 1888, J. H. Lane and H. W. Richardson, late partners.as J. H. Lane & Co., brought foreign attachment against Ambrose White, doing business as Ambrose White & Co., summoning the Philadelphia Insurance, Trust & Safe-Deposit Company as garnishee.
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APPEAL BY THE PHILA. ETC. CO. FROM THE COURT OE COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 216 July Term 1890, Sup. Ct.; court below, No. 6 December Term 1888, C. P. No. 4. On September 17, 1888, J. H. Lane and H. W. Richardson, late partners.as J. H. Lane & Co., brought foreign attachment against Ambrose White, doing business as Ambrose White & Co., summoning the Philadelphia Insurance, Trust & Safe-Deposit Company as garnishee. The writ was returned served, as to tbe garnisbee, and nihil habet, as to the defendant. On May 25, 1889, the plaintiffs filed a statement of claim, and on July…
1Per curiam
Under the decision in Melloy v. Burtis, 124 Pa. 161, the judgment in this case against the defendant would have been irregular and the garnishee entitled to move to have it stricken off. But, before the judgment was entered, the act of May 10, 1889, P. L. 183, was passed, which authorizes the plaintiff in foreign attachment, “ at and after the third term of the court after the execution of the writ, to take judgment against the defendant for default of appearance, unless the attachment before that time be dissolved: provided, fifteen days prior to the entry of said judgment he shall have…
2Cases cited2 opinions
- Melloy's Sons v. Deal & BurtisSupreme Court of Pennsylvania · 1889
- Estate of EblingSupreme Court of Pennsylvania · 1890
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- DeJoseph v. Standard Steel Car Co.Superior Court of Pennsylvania · 1930
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