Mansfield v. McFarland
Supreme Court of Pennsylvania
Appeal, No. 94, Jan. T., 1901, by plaintiff, from order of C. P. Franklin Co., Dec. T., 1899, No. 125, making absolute rule to quash foreign attachment in case of Isabella F. Mansfield et al., Executors, v. J. D. McFarland. Pule to quash foreign attachment.
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Appeal, No. 94, Jan. T., 1901, by plaintiff, from order of C. P. Franklin Co., Dec. T., 1899, No. 125, making absolute rule to quash foreign attachment in case of Isabella F. Mansfield et al., Executors, v. J. D. McFarland. Pule to quash foreign attachment. John Stewart, P. J., filed the following opinion : We are asked both by defendant and the garnishee to quash this foreign attachment proceeding, on the ground that the plaintiffs, who sue as the executors of Henry Mansfield, deceased, have no authority, except such as they derive from letters testamentary granted them in a foreign state.…
1Opinion of the Court
Pee Cueiam,
The plaintiffs are executors of Henry Mansfield, by letters issued to them in the state of Illinois. They had issued, from the court of common pleas of Franklin county, Pennsylvania, a writ of foreign attachment, and had it levied on a mortgage owned by defendant of record in that county ; also on the land bound by the lien of the mortgage. The debt sought to be collected was owing by defendant to plaintiffs’ testator, who at the time of his death was a resident of Illinois. Defendant moved to quash for the reason, among others, that the foreign letters conferred no right to sue in…
2Cases cited3 opinions
- Moore v. FieldsSupreme Court of Pennsylvania · 1862
- Viosca's EstateSupreme Court of Pennsylvania · 1900
- Sayre's Executors v. Helme's ExecutorsSupreme Court of Pennsylvania · 1869
3Cited by6 opinions
- Hunt v. Penn Central Transportation Co.District Court, W.D. Pennsylvania · 1976
- Ionian Bank, Ltd. v. MamatosSupreme Court of Pennsylvania · 1940
- Brown v. HughesDistrict Court, M.D. Pennsylvania · 1955
- Brown v. SmithSupreme Judicial Court of Maine · 1906
- Bennicas EstatePennsylvania Orphans' Court, Lehigh County · 1951
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