Porter v. Hildebrand
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was a proceeding in foreign attachment instituted by Hildebrand against-Moore,-Porter, and others — under the name of the Ohio Stage Co., to recover the value of a trunk, and its contents, alleged to have been delivered by the plaintiff to the defendants, owners of a public stage, to carry from Pittsburgh to Wooster, Ohio.
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Error to the District Court of Allegheny county. This was a proceeding in foreign attachment instituted by Hildebrand against-Moore,-Porter, and others — under the name of the Ohio Stage Co., to recover the value of a trunk, and its contents, alleged to have been delivered by the plaintiff to the defendants, owners of a public stage, to carry from Pittsburgh to Wooster, Ohio. The attachment was served on John Meskimen, the agent of the Ohio Stage Co. in Pittsburgh, and returned nihil as to the others. Upon the return of the writ, defendants’ counsel moved to dissolve the attachment, on…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
— In its origin, and under the acts of 1705, and 1789, the process of foreign attachment furnished a remedy, simply for the recovery of debts or damages, arising ex contractu. It is authoritatively said to be a means of securing the appearance of a non-resident debtor; Fitch v. Ross, 4 Serg. & Rawle 564, and in the only Pennsylvania cases in which the question has been made, it wras denied that it lay to avenge injuries ex delicto. Jacoby v. Gogell, 5 Serg. Rawle 450, Piscataqua Bank v. Turnley, 1 Miles, 312. Indeed, so far as I am informed, it…
2Cases cited3 opinions
- Bank of Orange v. BrownNew York Supreme Court · 1829
- Piscataqua Bank v. Turnley, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Fitch v. RossSupreme Court of Pennsylvania · 1818
3Cited by12 opinions
- Wells v. Great Northern Ry. Co.Oregon Supreme Court · 1911
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1903
- Alpers v. New Jersey Bell Telephone Co.Supreme Court of Pennsylvania · 1961
- Wood v. Cunard S. S. Co.Court of Appeals for the Second Circuit · 1911
- Howard v. American Express Co.Superior Court of Pennsylvania · 1911
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