Buckman v. Somers
Superior Court of Pennsylvania
Appeal, No. 220, Oct. T., 1922, by defendant, from judgment of C. P. Bucks County, Oct. T., 1919, No. 17, dismissing rule to strike off judgment in the case of J. Hibbs Buckman v. Margaret E. Somers. Petition for rule to show cause why judgment and assessment of damages should not be stricken off; why the return of service of the writ of foreign-attachment should not be set aside; and why the writ of attachment should not be quashed.
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Appeal, No. 220, Oct. T., 1922, by defendant, from judgment of C. P. Bucks County, Oct. T., 1919, No. 17, dismissing rule to strike off judgment in the case of J. Hibbs Buckman v. Margaret E. Somers. Petition for rule to show cause why judgment and assessment of damages should not be stricken off; why the return of service of the writ of foreign-attachment should not be set aside; and why the writ of attachment should not be quashed. Before Ryan, P. J. The opinion of the Superior Court states the case. The court entered the following decree: “And now, to wit, February 20, 1922, the rule is…
1Opinion of the Court
Opinion by
Keller, J.,
A writ of foreign attachment in assumpsit was issued on behalf of the plaintiff against the defendant and by virtue thereof the sheriff returned that, in the presence of two witnesses, he had attached certain real estate, fully described in the schedule thereto attached and filed in the prothonotary’s office, and summoned Harvey E. Scott, tenant in possession as garnishee. The defendant entered an appearance de bene esse and moved to quash the writ and dissolve the attachment on the ground that the return of the sheriff did not show that “Harvey E. Scott, tenant in…
2Cases cited7 opinions
- Frank P. Miller Paper Co. v. Keystone Coal & Coke Co.Supreme Court of Pennsylvania · 1922
- First National Bank of Omaha v. CrosbySupreme Court of Pennsylvania · 1897
- Maris v. SchermerhornSupreme Court of Pennsylvania · 1837
- Bryan v. TroutSupreme Court of Pennsylvania · 1879
- Hayes v. GillespieSupreme Court of Pennsylvania · 1860
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