Legal Opinion

Pennsylvania Railroad v. Pennock

Supreme Court of Pennsylvania

Decided January 15, 1866PublishedCited by 18 opinions

Error to the Court of Common Pleas of Allegheny county. This was a scire facias, at the suit of Isaac M. Pennock against The Pennsylvania Railroad Company, garnishees in a foreign attachment by the plaintiff against Woods & Wright. The writ in the foreign attachment issued April 15th 1864, and commanded the sheriff to attach “ certain oil” and all other goods, &c., of defendants in the possession of the Pennsylvania Railroad Company and summon them as garnishees.

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Error to the Court of Common Pleas of Allegheny county. This was a scire facias, at the suit of Isaac M. Pennock against The Pennsylvania Railroad Company, garnishees in a foreign attachment by the plaintiff against Woods & Wright. The writ in the foreign attachment issued April 15th 1864, and commanded the sheriff to attach “ certain oil” and all other goods, &c., of defendants in the possession of the Pennsylvania Railroad Company and summon them as garnishees. The sheriff returned: “ Executed, April 15th 1864, by delivering to D. A. Stewart, agent of the Pennsylvania Railroad Company, a…

1Opinion of the Court

The opinion of the court was delivered, by

Thompson, J.

Judgment was entered in the court below in this case against the plaintiffs in error, garnishees of Wood & Wright, on their answers to the interrogatories propounded by the plaintiff below, and it is to that judgment this writ of error was taken.

The answer of the company to the first interrogatory, denied the possession of any petroleum belonging to the defendants, Wood & Wright; either on the 15th of April 1864, the day of the service of the writ, or since; excepting, however, that prior to that date transportation had been contracted for…

2Cases cited3 opinions

  1. Hollister v. GoodaleSupreme Court of Connecticut · 1831
  2. Maris v. SchermerhornSupreme Court of Pennsylvania · 1837
  3. Morgan v. WatmoughSupreme Court of Pennsylvania · 1840

3Cited by18 opinions

  1. Raymond v. LeishmanSupreme Court of Pennsylvania · 1914
  2. Mindlin v. Saxony Spinning Co.Supreme Court of Pennsylvania · 1918
  3. Rankin v. CulverSupreme Court of Pennsylvania · 1931
  4. Bergman v. StrausSupreme Court of Pennsylvania · 1919
  5. Kohl v. Lyons (O'malley)Superior Court of Pennsylvania · 1936

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