Pennsylvania Coal Co. v. Costello
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne county. This was an attachment execution issued by a justice of the peace, on a judgment obtained by William Costello against Thomas Kennedy, and served on The Pennsylvania Coal Company as garnishees. The garnishees appealed from the judgment of the justice.
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Error to the Common Pleas of Luzerne county. This was an attachment execution issued by a justice of the peace, on a judgment obtained by William Costello against Thomas Kennedy, and served on The Pennsylvania Coal Company as garnishees. The garnishees appealed from the judgment of the justice. On the 15th October 1855, the plaintiff obtained a judgment against the defendant for $50.22, and issued this attachment, by virtue of which a debt of $14.45 owing by the garnishees to the defendant, was attached in their hands. And the only question was, whether this debt was liable to the process of…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The company owed Kennedy $ 14.45 for mining coal, and Costello having obtained a judgment before a justice of the peace against Kennedy, laid his attachment on this fund in the hands of the company.
The question is, whether the debt was attachable.
The Act of Assembly of 15th April 1845, Purdon 490, gives justices of the peace jurisdiction in attachment-execution, but the proviso of the 5th section is in these words: “ that the wages of any labourers, or the salary of any person in public or private employment, shall not be liable to…
2Cited by14 opinions
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
- Bell v. RobertsSuperior Court of Pennsylvania · 1942
- Leaver v. the Midvale Co.Superior Court of Pennsylvania · 1947
- McCloskey v. Northdale Woolen MillsSupreme Court of Pennsylvania · 1929
- Dunn v. Printing Corporation of AmericaDistrict Court, E.D. Pennsylvania · 1965
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