Bryan v. Trout
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county: Of May Term 1879, No. 25. On the 8d of January 1876, Thomas A. Trout, administrator of Richard Bryan, issued a writ of foreign attachment in assumpsit against John M. Bryan, in which the sheriff -was directed to attach certain real estate, and to summon the defendant and said Trout as garnishees. In the praecipe for the writ, Trout was described as the owner of the premises.
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Error to the Court of Common Pleas of Blair county: Of May Term 1879, No. 25. On the 8d of January 1876, Thomas A. Trout, administrator of Richard Bryan, issued a writ of foreign attachment in assumpsit against John M. Bryan, in which the sheriff -was directed to attach certain real estate, and to summon the defendant and said Trout as garnishees. In the praecipe for the writ, Trout was described as the owner of the premises. The sheriff returned that he had attached the said real estate, “ by service of this writ on Thomas A. Trout, garnishee, and as to John M. Bryan, nihil.” There was no…
1Opinion of the CourtJustice Paxson
9. The mode of serving the writ of foreign attachment is prescribed by the Act of 13th June 1836, Pamph. L. '580, Purd. Dig. 718. Where real estate is attached it is as follows: “ It shall be the duty of the sheriff to leave a copy of the writ with the tenant, or other person in actual possession, holding under the defendant in the attachment, and to summon him as garnishee.” The act further provides, that if there be no person in actual possession, service shall be made by publication. In this case, the sheriff made return that he attached the real estate described in the writ, by serving it…
2Cited by4 opinions
- Stocker v. HutterSupreme Court of Pennsylvania · 1890
- Buckman v. SomersSuperior Court of Pennsylvania · 1923
- Airston v. Bollinger, Pennsylvania Court of Common Pleas, Alleghany County1925
- Knepp v. Elder, Pennsylvania Court of Common Pleas, Mifflin County1937