Harbert v. Gormley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term, 1887, No. 446. Scire facias sur bond required by the Act of March 17th, 1869, before an attachment can issue brought by Samuel C. Harbert against Smith Gormley and James C. Reed. Reed was not served.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term, 1887, No. 446. Scire facias sur bond required by the Act of March 17th, 1869, before an attachment can issue brought by Samuel C. Harbert against Smith Gormley and James C. Reed. Reed was not served. The defendants pleaded inter alia: And, as a further.plea in this behalf, the said defendant avers that the said attachment was dissolved by the said court on March 6th, 1885, and on March 16th, 1885 (March 2d, 1885, being the return day of said attachment), the said Harbert issued a scire facias upon the said…
1Opinion of the CourtJustice Paxson
This was an attachment under the Act of 1869. The affidavit was filed and writ issued February 11,1885. On February 14, a rule was granted to dissolve the attachment, which was made absolute on March 6th, 1885, The defendant in the attachment issued a scire facias upon the bond on March 16th, 1885, and before the final determination of the action. The court below entered a nonsuit upon the ground that the suit was commenced prematurely. This writ of error was brought to test the correctness of that ruling.
The precise point has not been decided by this court. In Gunnis v. Cluff, 111 Pa. St.,…
2Cited by4 opinions
- Poulin v. Colby CollegeSupreme Judicial Court of Maine · 1979
- Sperry v. StyerSuperior Court of Pennsylvania · 1903
- C. G. Aschmann & Co. ex rel. Caesar & Co. v. Banks Bros., Pennsylvania Court of Common Pleas, Philadelphia County1926
- Getz v. Harley, Pennsylvania Court of Common Pleas, Montgomery County1949