Keystone Brewing Co. v. Canavan
Supreme Court of Pennsylvania
Appeal, No. 339,- Jan. T., 1907, by defendant, from judgment of O. P. Luzerne Co., Oct. T., 1901, No. 579, for garnishee non obstante veredicto in case of the Keystone Brewing Company v. Thomas Canavan, defendánt, and Thomas Forestal, garnishee. Scire facias sur foreign attachment. Before Halsey, J. The facts appear by the opinion of the Supreme Court. Yerdict for plaintiff for $2.132. Subsequently the court entered judgment for garnishee non obstante veredicto.
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Appeal, No. 339,- Jan. T., 1907, by defendant, from judgment of O. P. Luzerne Co., Oct. T., 1901, No. 579, for garnishee non obstante veredicto in case of the Keystone Brewing Company v. Thomas Canavan, defendánt, and Thomas Forestal, garnishee. Scire facias sur foreign attachment. Before Halsey, J. The facts appear by the opinion of the Supreme Court. Yerdict for plaintiff for $2.132. Subsequently the court entered judgment for garnishee non obstante veredicto. Error assigned was in entering judgment for garnishee non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of foreign attachment against Thomas Canavan, defendant, and Thomas Forestal, garnishee. The writ was issued January 31, 1901. There was no appearance for the defendant, and on August 7, 1901, the plaintiff’s counsel by praecipe filed with the prothonotary directed him to “ enter judgment against defendant in above case for want of an appearance.” Thereupon the prothonotary made the following entry in the record of the case on the continuance docket: “ Now, August 7, 1901, by praecipe of plaintiff’s attorney filed, judgment is entered against…
2Cases cited4 opinions
- Melloy's Sons v. Deal & BurtisSupreme Court of Pennsylvania · 1889
- Poor v. ColburnSupreme Court of Pennsylvania · 1868
- First National Bank v. TrainerSupreme Court of Pennsylvania · 1904
- Thornton v. BonhamSupreme Court of Pennsylvania · 1845
3Cited by5 opinions
- McCloskey v. Northdale Woolen MillsSupreme Court of Pennsylvania · 1929
- Marano v. Granata (Hankin)Superior Court of Pennsylvania · 1942
- General Maintenance Engineers, Inc. v. Pacific Vegetable Oil Corp.Superior Court of Pennsylvania · 1954
- Hasler & Co. v. Forde Construction Co., Pennsylvania Court of Common Pleas, Philadelphia County1928
- Pennsylvania Turnpike Commission v. Schwartz, Pennsylvania Court of Common Pleas, Dauphin County1949