Hanscom v. Chapin
Superior Court of Pennsylvania
Appeal, No. 231, Oct. T., 1904 by defendant, from order of C. P. No. 4, Philadelphia Co., June T., 1904, No. 2752, discharging rule to stay execution in case of William E. Hanscom and Matthew Hanscom, trading as Hans-com Brothers, v. George W. Chapin. Rule to stay execution. The opinion of the Superior Court states the case. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Rice, P. J.,
In an action of assumpsit to recover the price of goods sold and delivered, the defendant replied by affidavit admitting the indebtedness but averring (1) that the plaintiffs were indebted to him in a greater sum; (2) that by a foreign attachment instituted before this suit was brought, the moneys alleged to be due to the plaintiffs were attached in his hands as garnishee, and suggesting that the plaintiffs were not entitled to judgment in this suit until the foreign attachment proceeding should be determined. The court gave judgment for want of a sufficient affidavit of…
2Cases cited4 opinions
- Brown v. ScottSupreme Court of Pennsylvania · 1865
- Coble v. NonemakerSupreme Court of Pennsylvania · 1875
- Stephens v. AddisSuperior Court of Pennsylvania · 1902
- Moyer v. LobengeirSupreme Court of Pennsylvania · 1835
3Cited by7 opinions
- G. B. Hurt, Inc. v. Fuller Canneries Co.Supreme Court of Pennsylvania · 1919
- National Council of the Junior Order of United American Mechanics v. RobersonSuperior Court of Pennsylvania · 1969
- La Varre v. International Paper Co.District Court, E.D. South Carolina · 1929
- International Harvester Co. of America v. MillerSuperior Court of Pennsylvania · 1912
- United States National Bank v. RawsonOregon Supreme Court · 1935
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