Magel v. Springs

Opinion by

Mr. Justice Linn,

This appeal is from the refusal to quash a writ of foreign attachment. The statute states that “A writ of foreign attachment . . . may be issued against the real or personal estate of: (a) any person not residing within this Commonwealth ...” Section 44 of the Act of 1836, P. L. 568, as amended, 12 PS section 2891. One of the purposes of proceeding by foreign attachment is to obtain the appearance of a nonresident defendant. It is therefore necessary to aver that the defendant whose property it is proposed to attach is a nonresident. The averment in the affidavit of…