First National Bank of Omaha v. Crosby
Supreme Court of Pennsylvania
Appeal, No. 14, Oct. T., 1896, by defendant, from order of C. P. Armstrong Co., June T., 1894, No. 35, making absolute a rule for judgment for want of a sufficient affidavit of defense. Motion to quash attachment. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 14, Oct. T., 1896, by defendant, from order of C. P. Armstrong Co., June T., 1894, No. 35, making absolute a rule for judgment for want of a sufficient affidavit of defense. Motion to quash attachment. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of Rayburn, P. J., on motion to quash attachment, which was as follows : The first reason alleged for quashing the writ of foreign attachment is that the exemplification of record filed does not purport to be a full and entire copy of tlxe proceedings as the same remains of record. If…
1Opinion of the Court
Pee Ctjbiam,
This appeal is devoid of merit. The defense interposed in the court below is purely technical, and clearly insufficient to carry the case to a jury. It is not pretended that the debt is not due, or that judgment was not recovered therefor in the foreign jurisdiction. Nor is it even alleged that the defendant is not a nonresident of this state, or that he was within the jurisdiction at the time of the impetration of the writ. While these considerations would not prevail against a fatal technical defect, we cannot be expected in such cases to go out of the way in search of errors.…
2Cases cited3 opinions
- Holland v. WhiteSupreme Court of Pennsylvania · 1888
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- Grieb v. KuttnerSupreme Court of Pennsylvania · 1890
3Cited by12 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Harper v. LukensSupreme Court of Pennsylvania · 1921
- Schueck v. FreemanSuperior Court of Pennsylvania · 1913
- Midwest Piping & Supply Co. v. Thomas Spacing MacHine Co.Superior Court of Pennsylvania · 1933
- Brogan v. Bright-Brooks Lumber Co.Superior Court of Pennsylvania · 1939
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