Seanor v. Fitt
Supreme Court of Pennsylvania
Appeal, No. 171, Oct. T., 1918, by plaintiff, from order of O. P. Westmoreland Co., May T., 1918, No. 12, quashing writ of foreign attachment in case of George W. Seanor, Executor of Noah Seanor, deceased, v. John H. Fitt, notice to George W. Seanor, Executor of Noah Seanor, deceased, George H. Hileman, John P. Kilgore, Sheriff, H. K. Shaffer and Benjamin H. Thompson, Garnishees. Motion to quash writ of foreign attachment. Before Copeland, J. The court quashed the writ.
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Appeal, No. 171, Oct. T., 1918, by plaintiff, from order of O. P. Westmoreland Co., May T., 1918, No. 12, quashing writ of foreign attachment in case of George W. Seanor, Executor of Noah Seanor, deceased, v. John H. Fitt, notice to George W. Seanor, Executor of Noah Seanor, deceased, George H. Hileman, John P. Kilgore, Sheriff, H. K. Shaffer and Benjamin H. Thompson, Garnishees. Motion to quash writ of foreign attachment. Before Copeland, J. The court quashed the writ. Error assigned was the order of the court. The court abused its discretion, under the state of the record as here presented,…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff issued a writ of foreign attachment and summoned five garnishees, viz: himself, three other individuals and John P. Kilgore, the sheriff of the county. Defendant moved to quash the writ as to all the garnishees, none of whom joined in the motion, without averring any reason therefor, but evidently upon the ground that money in the hands of a sheriff is in custodia legis, and not the subject of an attachmént. The attachment was quashed expressly upon that ground, and plaintiff appeals.
The court below should have refused to entertain the motion to quash…
2Cases cited1 opinion
- Grieb v. KuttnerSupreme Court of Pennsylvania · 1890
3Cited by2 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Zeigle v. Shaver, Pennsylvania Court of Common Pleas, Montgomery County1922