Brenner v. Messer

Biester, J.,

This matter comes before the court as a result of a petition to show cause why a writ of fraudulent debtor’s attachment should not be quashed and the attachment dissolved, the basis of the petition being the insufficiency of the affidavit of cause of action.

The Act of March 17, 1869, P. L. 8, as amended, 12 PS §2711, requires that such a writ of attachment may issue upon affidavit of plaintiff, setting forth:

1. That defendant is justly indebted to plaintiff in a sum exceeding $100.

2. The nature and amount of such indebtedness.

3. (a) That defendant is about to move his property out…