Slingluff, Johns & Co. v. Sisler
Supreme Court of Pennsylvania
Appeal, No. 181, Jan. T., 1898, by P. S. Newmyer, from order of C. P. Fayette Co., Dec. T., 1895, No. 245, refusing to set aside attachment under the act of 1869. Rule to set aside attachment under the act of 1869. The facts appear by the opinion of Mestrezat, J., which was as follows: This is an attachment issued under the Fraudulent Debt- or’s Act of March 17,1869, as amended by the Act of May 24, 1887, P. L. 197. The writ was issued October 11,1895, and made returnable…
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Appeal, No. 181, Jan. T., 1898, by P. S. Newmyer, from order of C. P. Fayette Co., Dec. T., 1895, No. 245, refusing to set aside attachment under the act of 1869. Rule to set aside attachment under the act of 1869. The facts appear by the opinion of Mestrezat, J., which was as follows: This is an attachment issued under the Fraudulent Debt- or’s Act of March 17,1869, as amended by the Act of May 24, 1887, P. L. 197. The writ was issued October 11,1895, and made returnable the fourth Monday of October, being the twenty-eighth day. The writ was served by the sheriff the day it was issued and a…
1Opinion of the Court
Opinion by
Mr. Justice Green,
If the act of 1878, as amended by the Act of 1879, P. L. 125, had simply created additional return days, there would have been no such hostility between that act and the Act of March 17, 1869, P. L. 9, as that the two could not stand together, and therefore the provisions of the act of 1869, that the writ of attachment should “ be made returnable on the first return day of said court next after the time of issuing thereof,” would not have been repealed by the later act. In that event there would have *268been only additional return days, and tbe provision of tbe act of…
2Cases cited6 opinions
- Hoppes v. Houtz, Pennsylvania Court of Common Pleas, Schuylkill County1890
- Hall v. OysterSupreme Court of Pennsylvania · 1895
- Wetherald v. ShupeSupreme Court of Pennsylvania · 1885
- Williamson v. McCormickSupreme Court of Pennsylvania · 1889
- Lafferty v. CorcoranSupreme Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Oringer v. Zimmerman, Pennsylvania Court of Common Pleas, Lancaster County1955
- Rouss v. GilliamSuperior Court of Pennsylvania · 1919
- Sobern v. LiepiczSuperior Court of Pennsylvania · 1915
- Steinman v. KreiderSuperior Court of Pennsylvania · 1911