Wetherald v. Shupe
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1885, No. 155. This case was begun, in the court below, by an attachment under the Act of March 17tb, 1869, issued by Thomas W. Wetherald against David D. Shupe.
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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1885, No. 155. This case was begun, in the court below, by an attachment under the Act of March 17tb, 1869, issued by Thomas W. Wetherald against David D. Shupe. The sheriff returned that be had attached, inter alia, the right, title and interest of the defendant in “ The Shupe & Noble Furniture Company, limited,” a partnership association limited, organized under the Act of June 2d, 1874, and “ made known to garnishees and to defendant.” The defendant entered an appearance by attorne_y and took a rule to…
1Opinion of the CourtJustice Gordon
There aro two reasons why the action of the court below, in dissolving the attachment in this ease, cannot be reviewed on a writ of error from this court. (1) The 6th section of the Act of March 17th, 1869, under which the process in attachment was had, gives to the court of Common Pleas when in session, or to a judge thereof in vacation, a discretionary power to dissolve the .attachment issued under its provisions, and the statute gives us no power to review the exercise of that discretion. (2) The proceedings are contrary to the course of the common law; they are purely statutory, hence,…
2Cases cited2 opinions
- Ruhlman v. CommonwealthSupreme Court of Pennsylvania · 1812
- Miller v. SpreeherSupreme Court of Pennsylvania · 1796
3Cited by6 opinions
- Grieb v. KuttnerSupreme Court of Pennsylvania · 1890
- Hall v. OysterSupreme Court of Pennsylvania · 1895
- Slingluff, Johns & Co. v. SislerSupreme Court of Pennsylvania · 1899
- Ingram v. OrangersSuperior Court of Pennsylvania · 1907
- Rouss v. GilliamSuperior Court of Pennsylvania · 1919
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