Little v. Balliette
Superior Court of Pennsylvania
Appeal, No. 11, Jan T., 1899, by plaintiff, from judgment of C. P. Bradford Go., Dec. T., 1897, No. 382, dissolving foreign attachment. Foreign attachment in assumpsit. Before Peck, P. J. It appears from the record in this case that under foreign attachment, wages for labor were attached in the hands of the garnishee.
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Appeal, No. 11, Jan T., 1899, by plaintiff, from judgment of C. P. Bradford Go., Dec. T., 1897, No. 382, dissolving foreign attachment. Foreign attachment in assumpsit. Before Peck, P. J. It appears from the record in this case that under foreign attachment, wages for labor were attached in the hands of the garnishee. Defendant took a rule to show cause why the attachment should not be dissolved, which the court made absolute, and filed the following opinion: “ In the argument of this case the only matter in dispute was the question as to whether wages for labor can be attached by foreign…
1Opinion of the Court
Opinion by
Rice, P. J.,
The proviso of the fifth section of the Act of 1845, P. L. 459, which declares, “ that the wages of any laborers, or the salary of any person in public or private employment, shall not be liable to attachment in the hands of the employer,” is ageneral law and applies to all judgments whether entered in the common pleas or on the docket of a justice of the peace. This was squarely decided in Catlin v. Ensign, 29 Pa. 264 (1857), and the ruling has been followed in all later cases in which the question has arisen: Smith v. Brooke, 49 Pa. 147; Sweeny v. Hunter, 145 Pa. 363 ;…
2Cases cited6 opinions
- Hamberger v. MarcusSupreme Court of Pennsylvania · 1893
- Smith v. BrookeSupreme Court of Pennsylvania · 1865
- Firmstone v. MackSupreme Court of Pennsylvania · 1865
- Sweeny v. Hunter, Pennsylvania Court of Common Pleas, Alleghany County1891
- Catlin v. EnsignSupreme Court of Pennsylvania · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth Ex Rel. Deutsch v. DeutschSupreme Court of Pennsylvania · 1943
- Commonwealth v. BurnsSuperior Court of Pennsylvania · 1900
- Turner v. LarkinSuperior Court of Pennsylvania · 1900
- Morris Box Board Co. v. RossiterSuperior Court of Pennsylvania · 1906
- Union Trust Co. v. Altman, Pennsylvania Court of Common Pleas, Fayette County1941
1 more not listed; retrieve them via the Exa API.