Bohan v. Reap
Superior Court of Pennsylvania
Appeal, No. 7, Jan. T., 1898, by defendant, from order of C. P. Luzerne Co., April T., 1877, No. 1009, discharging rule to quash attachment execution. Rule to quash attachment execution.
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Appeal, No. 7, Jan. T., 1898, by defendant, from order of C. P. Luzerne Co., April T., 1877, No. 1009, discharging rule to quash attachment execution. Rule to quash attachment execution. Before Lynch, J. The facts sufficiently appear from the following opinion of the court below: Judgment in assumpsit was entered July 17,1877, for 1973.14. The next step in the case was taken October 13, 1896, when the plaintiff caused execution attachment with clause of'scire facias to the Continental Fire Insurance Company, garnishee, to be issued and served on the garnishee October 14; who answered January…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal from an order refusing to quash an attachment execution upon the motion of the defendant. Passing the question whether an appeal lies from such an order prior to the entry of final judgment in the attachment proceeding, we find no error in the ruling of the court below.
Section 2 of the Act of June 16, 1836, P. L. 755, provided that no execution should issue after the expiration of a year and a day from the first day of the term in which judgment was entered, or, if there was a stay of execution, from the expiration of such stay, unless the party against…
2Cases cited8 opinions
- Pennsylvania Railroad v. RibletSupreme Court of Pennsylvania · 1870
- Perkins v. PhiladelphiaSupreme Court of Pennsylvania · 1893
- Halderman's AppealSupreme Court of Pennsylvania · 1883
- Eby's AppealSupreme Court of Pennsylvania · 1872
- O'Donnell v. School D. of Cass Tp., Pennsylvania Court of Common Pleas, Schuylkill County1890
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3Cited by3 opinions
- Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
- Commonwealth v. RarickSuperior Court of Pennsylvania · 1917
- Stiffler's EstateSuperior Court of Pennsylvania · 1922