Layman v. Beam
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery County. Thomas Beam obtained a judgment against Andrew Layman in the Court of Common Pleas of Montgomery County, at April term, 1835. A writ of attachment upon the judgment was issued to November term, 1838, in the following form. “ Montgomery County, ss.
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Error to the Common Pleas of Montgomery County. Thomas Beam obtained a judgment against Andrew Layman in the Court of Common Pleas of Montgomery County, at April term, 1835. A writ of attachment upon the judgment was issued to November term, 1838, in the following form. “ Montgomery County, ss. The Commonwealth of Pennsylvania, to the sheriff of said county, Tseal 1 *- • We command you that you levy and attach the goods and chattels, debts, rights, credits, and moneys of Andrew. Layman, late of your county, yeoman, in satisfaction of a certain judgment obtained in our Court of Common Pleas of…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The first error assigned is,- that the original writ issued in the cause was not a good and legal writ; and the reason given is, that it contains no suggestion of the nature of the property to be attached, whereas the mode of proceeding under the act of assembly depends on that. The act of the 16th of June, 1836, sects. 35, 37, relating to levying an execution on a debt due to the defendant, prescribes that it shall be done in the manner allowed in the case of a foreign attachment: “ but, in such case, a clause in nature of a scire facias,…
2Cited by10 opinions
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- Bonnaffon v. ThompsonSupreme Court of Pennsylvania · 1877
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