Legal Opinion

Wallace v. Scholl

Superior Court of Pennsylvania

Decided January 18, 1899No. Appeal, No. 50PublishedCited by 1 opinion

Appeal, No. 50, Oct. T., 1898, by defendant, from decree of C. P. Northampton Co., May T., 1897, No. 55, discharging rule to open judgment and quash writ in foreign attachment. Foreign attachment in assumpsit.

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Appeal, No. 50, Oct. T., 1898, by defendant, from decree of C. P. Northampton Co., May T., 1897, No. 55, discharging rule to open judgment and quash writ in foreign attachment. Foreign attachment in assumpsit. Before Schuyler, P. J. It appears from the record that this action of assumpsit was commenced April 22, 1897, by a writ of foreign attachment returnable the second Monday of May, which was duly served on one garnishee April 23, and on another May 1,1897. Judgment was entered a’gainst the defendant September 20, 1897, for want of an appearance and answer. On application, the. same day,…

1Opinion of the Court

Opinion by

Smith, J.,

This action of assumpsit was commenced April 22, 1897, by a writ of foreign attachment returnable the second Monday of May, which was duly served on one garnishee April 23, and on another May 1, 1897. Judgment was entered against the defendant September 20, 1897, for want of an appearance and answer. On application, the same day, the court granted a rule to show cause why the attachment should not be quashed and the judgment opened and set aside. On November 29 the rule was discharged. There are six terms of court each year, commencing the second Mondays of January, March,…

2Cases cited4 opinions

  1. Gibson v. WinslowSupreme Court of Pennsylvania · 1861
  2. Heirs of Stephen Hinds v. ScottSupreme Court of Pennsylvania · 1849
  3. Smull v. MickleySupreme Court of Pennsylvania · 1828
  4. Kelly v. CreenSupreme Court of Pennsylvania · 1867

3Cited by1 opinion

  1. Baker v. Haycox Co., Pennsylvania Court of Common Pleas, Delaware County1930

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