Douglass-Whisler Brick Co. v. Simpson
Supreme Court of Pennsylvania
Appeal, No. 169, Oct. T., 1911, by plaintiff; from order of C. P. Beaver Co., June T., 1908, No. 3, in case of The Douglass-Whisler Brick Company v. Wm. C. Simpson. Petition for attachment of defendant for contempt. Before Holt, P. J. The opinion of the Supreme Court states the case. The court issued the attachment which it subsequently quashed. Plaintiff appealed. Error assigned was in overruling exception to order quashing the attachment.
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Appeal, No. 169, Oct. T., 1911, by plaintiff; from order of C. P. Beaver Co., June T., 1908, No. 3, in case of The Douglass-Whisler Brick Company v. Wm. C. Simpson. Petition for attachment of defendant for contempt. Before Holt, P. J. The opinion of the Supreme Court states the case. The court issued the attachment which it subsequently quashed. Plaintiff appealed. Error assigned was in overruling exception to order quashing the attachment. Where the defendant, by his absence, has prevented the service of the decree, then the court should not require the plaintiff to give notice before…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
A writ of attachment was issued by the court below against the appellee for the purpose of compelling him to coixiply with the decree which we have this day affirmed: Douglass-Whisler Brick Company v. Simpson, ante, p. *519515. It was issued upon the petition of the appellant, without previous personal notice to the appellee of the decree against him and without a rule to show cause why it should not issue. The general rule is well settled that a writ of attachment for the summary arrest and imprisonment of a party in a civil proceeding for contempt in violating an…
2Cases cited1 opinion
- New Brighton & New Castle Railroad v. Pittsburgh, Youngstown & Chicago RailroadSupreme Court of Pennsylvania · 1884
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- Commonwealth v. VarnerSuperior Court of Pennsylvania · 1931
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