Sailor Planing Mill & Lumber Co. v. Moyer
Superior Court of Pennsylvania
Appeal, No. 62, Oct. T., 1907, by plaintiff, from order of C. P. Schuylkill Co., Jan. T., 1903, No. 118, dissolving attachment in case of the Sailor Planing Mill & Lumber Co. v. Horace M.'Moyer. Rule to dissolve attachment. Before Marr, J. The opinion of the Superior Court states the case.
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Appeal, No. 62, Oct. T., 1907, by plaintiff, from order of C. P. Schuylkill Co., Jan. T., 1903, No. 118, dissolving attachment in case of the Sailor Planing Mill & Lumber Co. v. Horace M.'Moyer. Rule to dissolve attachment. Before Marr, J. The opinion of the Superior Court states the case. Errors,assigned were as follows: 1. Court erred in mailing the following order and decree, to wit: , And now, September 24, 1906, it is herewith ordered and directed that the said Sallie Esterly, executrix, etc., and Wm. F. Stitzer be permitted to intervene and defend in above referred to writ as prayed for…
1Opinion of the Court
Opinion by
Morrison, J.,
This suit was commenced by an attachment under the fraudulent debtors’ Act of March 17, 1869, P. L. 8, and the amendatory Act of May 24, 1887, P. L. 197. The writ was executed by attaching effects of the defendant in the hands or possession of the Philadelphia and Reading Railway Company, and summoning it as garnishee. The defendant was not served, and thére was never any appearance by or for him entered in the case. Therefore, by the plain terms of the act of assembly, and the decisions thereunder, dissolving the attachment, by the court, would end the suit.
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