North Shore Railroad v. Pennsylvania Co.
Superior Court of Pennsylvania
Appeal, No. 34, April T., 1918, by Allegheny Trust Company, from judgment of C. P. Beaver Co., for M. J. Park on case stated. Case stated to determine priority of lien of two writs of attachment execution. The case stated set forth that the execution of M. J. Park and the Allegheny Trust Company were issued and placed in the hands of the sheriff the same day, April 13, 1914, respectively.
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Appeal, No. 34, April T., 1918, by Allegheny Trust Company, from judgment of C. P. Beaver Co., for M. J. Park on case stated. Case stated to determine priority of lien of two writs of attachment execution. The case stated set forth that the execution of M. J. Park and the Allegheny Trust Company were issued and placed in the hands of the sheriff the same day, April 13, 1914, respectively. The exact difference in point of time between the issuance of said writs was not stated. The writ of M. J. Park was served by the sheriff on the garnishee, the Pennsylvania Company, on April 13, 1914, and on…
1Opinion of the Court
Opinion by
Head, J.,
The appellant and appellee were judgment creditors of the same debtor. On a certain day each one of them caused an attachment execution to be issued, naming in the writ a common garnishee. In the case stated, upon which the judgment of the court below was entered, it appears the writ of attachment issued by the appellee was served on the garnishee on the 13th of April, 1914. The writ issued by the appellant was not served until the 14th day of April, 1914. The fund, the subject of this contention, was created by the sale or conversion of the goods of the common debtor in…
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