Reiff v. Mack
Supreme Court of Pennsylvania
Appeal, No. 175, Jan. T., 1894, by plaintiffs, Samuel W. Reiff et al., from order of C. P. Berks Co., Sept. T., 1893, No. 37, making absolute rule to dissolve attachment execution. Rule to dissolve attachment execution. The following opinion was filed by Endlich, J.: “ The question raised by this rule is a most interesting one, and one upon which I have been directed to no authority in this state both precisely in point and binding upon me.
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Appeal, No. 175, Jan. T., 1894, by plaintiffs, Samuel W. Reiff et al., from order of C. P. Berks Co., Sept. T., 1893, No. 37, making absolute rule to dissolve attachment execution. Rule to dissolve attachment execution. The following opinion was filed by Endlich, J.: “ The question raised by this rule is a most interesting one, and one upon which I have been directed to no authority in this state both precisely in point and binding upon me. “ The attachment sought to be dissolved was issued upon a judgment entered against defendant to No. 50 August term, 1893, J. D. On or about August…
1Opinion of the Court
Pee. Ctjeiam,
According to the undisputed evidence, the money attached was part of the proceeds of the pension check which defendant deposited with the garnishee bank for collection. It was subject to his check, and was in fact part of his pension money which, as cash, had not yet come into his hands. In view of the undisputed facts, the learned judge of the common pleas was clearly right in holding that under the act of Congress the money was not attachable. That act provides that “no sum of money due or to become due to any pensioner shall be liable to attachment, levy or seizure by or under…
2Cases cited1 opinion
- Moe v. SmileySupreme Court of Pennsylvania · 1889
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- Stein's CaseSuperior Court of Pennsylvania · 1935
- Aubrey v. McIntoshSuperior Court of Pennsylvania · 1899
- Pentz v. First National BankSuperior Court of Pennsylvania · 1920
- Wartella v. OsickSuperior Court of Pennsylvania · 1933
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