Rice v. Walinszius
Superior Court of Pennsylvania
Appeal, No. 37, Oct. T., 1899, by plaintiff, from order and decree of C. P. Schuylkill Co., Jan. T., 1898, No. 98, in distribution. Exceptions to auditor’s report.
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Appeal, No. 37, Oct. T., 1899, by plaintiff, from order and decree of C. P. Schuylkill Co., Jan. T., 1898, No. 98, in distribution. Exceptions to auditor’s report. Before Koch, J. It appears from the record that on November 23,1897, plaintiff obtained a judgment for $450, and that a fi. fa. was issued and placed in the hands of the sheriff at 10 A. M., November 27, 1897. Also that on November 26, 1897, William A. HeweS' commenced proceedings by an attachment under the Act of March 17, 1869, P. L. 8, the writ reaching the sheriff’s hands on the same day, upon which writ judgment was entered…
1Opinion of the Court
Opinion by
William W. Porter J.,
The first question raised by this appeal is, Does an attachment under the Act of March 17,1869, P. L. 8, become a lien on delivery of the writ to the sheriff? The second question is, Does a sale of the property under a fi. fa. lodged with the sheriff subsequently to the attachment, divest the lien of the attachment, the sale having been made prior to judgment obtained on the attachment ? An affirmative answer to the second question is contended for by the appellant on the ground that it required service of the attachment, an actual levy and manual seizure of the…
2Cases cited3 opinions
- Dreisbach v. Mechanics' National BankSupreme Court of Pennsylvania · 1886
- Appeal of E. S. Jaffray & Co.Supreme Court of Pennsylvania · 1883
- Underhill v. McManusSupreme Court of Pennsylvania · 1896
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- Matter of DeLanceyUnited States Bankruptcy Court, S.D. New York · 1987
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