Legal Opinion

Morris Box Board Co. v. Rossiter

Superior Court of Pennsylvania

Decided January 13, 1906No. Appeal, No. 74PublishedCited by 4 opinions

Appeal, No. 74, Oct. T., 1905, by plaintiff, from order of O. P. No. 2, Phila. Co., Dec. T., 1904, No. 60, making absolute rule to dissolve attachment in case of Morris Box Board Company v. Maurice L. Rossiter. Rule to dissolve foreign attachment. From the record it appeared that the defendant entered a general appearance and subsequently took a rule to dissolve the attachment.

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Appeal, No. 74, Oct. T., 1905, by plaintiff, from order of O. P. No. 2, Phila. Co., Dec. T., 1904, No. 60, making absolute rule to dissolve attachment in case of Morris Box Board Company v. Maurice L. Rossiter. Rule to dissolve foreign attachment. From the record it appeared that the defendant entered a general appearance and subsequently took a rule to dissolve the attachment. The affidavit in support of the rule averred that the fund attached was commissions claimed to be due as wages to the defendant. The court made the rule absolute. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Rice, P. J.,

The object of a writ of foreign attachment is to compel an appearance; if the- defendant appears and takes defense, the act of 1836 provides that the action shall proceed as if commenced by summons, “ but the attachment shall, nevertheless, continue to bind the estate or effects attached, as in other cases, unless judgment be rendered for the defendant in such attachment.” This clause of the statute is to be read in connection with the proviso in sec. 5 of the Act of April 15, 1845, P. L. 459, “ That the wages of any laborers, or the salary of any person in public or…

2Cases cited5 opinions

  1. Hamberger v. MarcusSupreme Court of Pennsylvania · 1893
  2. Firmstone v. MackSupreme Court of Pennsylvania · 1865
  3. Sweeny v. Hunter, Pennsylvania Court of Common Pleas, Alleghany County1891
  4. Little v. BallietteSuperior Court of Pennsylvania · 1899
  5. Steel v. McKerrihanSupreme Court of Pennsylvania · 1896

3Cited by4 opinions

  1. Bell v. RobertsSuperior Court of Pennsylvania · 1942
  2. McCloskey v. Northdale Woolen MillsSupreme Court of Pennsylvania · 1929
  3. DeAngelis v. ScottDistrict Court, W.D. Pennsylvania · 1972
  4. Bair v. Newgeon, Pennsylvania Court of Common Pleas, Delaware County1940

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