Legal Opinion

Galbraith v. Rutter

Superior Court of Pennsylvania

Decided July 10, 1902No. Appeal, No. 280PublishedCited by 5 opinions

Appeal, No. 280, Oct. T., 1901, by defendant, from decree of C. P. Blair Co., Equity Docket B., No. 372, on bill in equity in case of Orlando C. Galbraith v. Rush M. Rutter, defendant, and his assignee, W. W. Rogers’s Business Protective, Collection and Detective Agency and the Pennsylvania Railroad Company, Garnishee. Bill in equity for an injunction. The facts are stated in the opinion of the Superior Court. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

William W. Portee, J.,

Galbraith was indebted to Rutter in a small amount for groceries. Both lived in Altoona, Pennsylvania. The former was employed as a painter by the Pennsylvania Railroad Company. Rutter assigned his claim to one, Rogers, living in West Virginia and there conducting a collection and detective agency. Rogers brought proceedings in West Virginia, summoning Galbraith as defendant and the Pennsylvania Railroad Company as garnishees. No process was served on Galbraith, but judgment was entered against him. The railroad company challenged the-validity of the service…

2Cases cited5 opinions

  1. Sweeny v. Hunter, Pennsylvania Court of Common Pleas, Alleghany County1891
  2. Morgan v. NevilleSupreme Court of Pennsylvania · 1873
  3. Kendall v. McClure Coke Co.Supreme Court of Pennsylvania · 1897
  4. Bolton v. Pennsylvania Co.Supreme Court of Pennsylvania · 1879
  5. Page v. SimpsonSupreme Court of Pennsylvania · 1896

3Cited by5 opinions

  1. Commonwealth v. StambaughSuperior Court of Pennsylvania · 1903
  2. Austin v. Westinghouse Electric Corp., Pennsylvania Court of Common Pleas, Mercer County1972
  3. Ansert v. Household Finance Corp., Pennsylvania Court of Common Pleas, Philadelphia County1940
  4. Prazich v. Alwine, Pennsylvania Court of Common Pleas, Cambria County1944
  5. Zeiders v. Lewis Apparel Stores, Inc., Pennsylvania Court of Common Pleas, Blair County1952

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