Lindsley v. Malone
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was a proceeding by writ of foreign attachment, issued on 28th December, 1850, by W. Malone and E. Buckman v. Edward Lindsley. The writ was served on Henry Oroskey of Philadelphia, as garnishee. The defendant appeared d. l>. e. to the writ.
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Error to the District Court, Philadelphia. This was a proceeding by writ of foreign attachment, issued on 28th December, 1850, by W. Malone and E. Buckman v. Edward Lindsley. The writ was served on Henry Oroskey of Philadelphia, as garnishee. The defendant appeared d. l>. e. to the writ. On 4th March, 1851, he obtained a rule to show cause why the writ should not be quashed, on the ground that he was a resident and inhabitant of the state of Pennsylvania when the writ issued. In support of the rule depositions were read to the Court by the respective parties, but the Court discharged the rule…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
Here are six specifications of error. The 1st, 2d, and 3d relate to the refusal of the Court below to quash the attachment or to permit the question of residence to be put in issue before the jury. The defendant moved the Court to quash the attachment upon the ground that when it issued he was a resident of Pennsylvania, and consequently not subject to a foreign attachment. Upon a rule to show cause, the Court heard the parties and their evidence, and refused to-quash the writ. Upon the trial, evidence was again offered to ¡orove the…
2Cases cited1 opinion
- Miller v. SpreeherSupreme Court of Pennsylvania · 1796
3Cited by6 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Holland v. WhiteSupreme Court of Pennsylvania · 1888
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- Moock v. ConradSupreme Court of Pennsylvania · 1893
- Bellah v. PooleSupreme Court of Pennsylvania · 1902
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