Konopka Et Ux. v. McAteer

Opinion by

Me. Justice Linn,

Plaintiffs, on December 28, 1931, to recover for a tort, obtained a writ of foreign attachment, returnable first Monday in March, 1932. The sheriff returned nihil habet as to defendant, that he had attached the real estate described in the praecipe, and had served Prank J. Coll and Joseph Lekiela, tenants in possession. No affidavit of cause of action was filed. With their praecipe for the writ, plaintiffs also filed a statement of claim.

On August 22,1932, a general appearance was entered for the defendant; the garnishees have not appeared. April 4, 1933, defendant,…