Pottash v. Hartenfeld Bag Co.
Supreme Court of Pennsylvania
Appeal, No. 246, Jan. T., 1920, by plaintiffs, from order of C. P. No. 1, Phila. Co., Sept. T., 1918, No. 16, quashing writ of foreign attachment, and discharging rule for judgment for want of an affidavit of defense, in case of Max Pottash and Harry Pottash, trading as Pottash Brothers, v. Hartenfeld Bag Co. Rule to quash writ of foreign attachment. Rule for judgment for want of an affidavit of defense.
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Appeal, No. 246, Jan. T., 1920, by plaintiffs, from order of C. P. No. 1, Phila. Co., Sept. T., 1918, No. 16, quashing writ of foreign attachment, and discharging rule for judgment for want of an affidavit of defense, in case of Max Pottash and Harry Pottash, trading as Pottash Brothers, v. Hartenfeld Bag Co. Rule to quash writ of foreign attachment. Rule for judgment for want of an affidavit of defense. Before Shoemaker, J. The court made absolute the rule to quash the attachment, and discharged the rule for judgment. Errors assigned were (1) in making absolute the rule to quash, and (2)…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiffs issued a writ of foreign attachment which was dissolved by the giving of approved security, counsel for defendant at the same time entering his appearance. More than a year later plaintiffs filed a statement of claim with notice to file an affidavit of defense, whereupon the court below granted and thereafter made absolute a rule to show cause why the writ of foreign attachment should not be quashed, because the statement had not been filed “within one year after the issuance of the writ,” as required by the Act of May 12, 1897, P. L. 62; for the same…
2Cases cited4 opinions
- Street v. CommonwealthSupreme Court of Pennsylvania · 1843
- Bergman v. StrausSupreme Court of Pennsylvania · 1919
- Carpenter v. HutchisonSupreme Court of Pennsylvania · 1914
- Pollock v. Chelsea Fiber MillsSuperior Court of Pennsylvania · 1911
3Cited by9 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Konopka Et Ux. v. McAteerSupreme Court of Pennsylvania · 1933
- Morris & Bailey Steel Co. v. Bank of PittsburghSupreme Court of Pennsylvania · 1923
- Geiger v. United States Fidelity & Guaranty Co.Superior Court of Pennsylvania · 1936
- Pulling v. YeagerSupreme Court of Pennsylvania · 1930
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