Legal Opinion

Airston v. Bollinger

Pennsylvania Court of Common Pleas, Alleghany County

Decided July 1, 1925No. 2444Published

1Opinion of the CourtDrew, J.

This is a proceeding in foreign attachment under the provisions of the Act of June 13, 1836, P. L. 572, and its supplements, for damages for a tort committed in this Commonwealth. The alleged tort is the wrongful detention and abduction of the plaintiff’s four-year-old daughter. The defendants are the grandparents of the child.

The case is now before us on a rule to quash the writ and dissolve the attachment for the reasons, inter alia,- that

6. The affidavit, being upon information and belief, ,is insufficient.

7. The sheriff’s return shows that there was no person in possession of the premises…

2Cases cited7 opinions

  1. Hallowell v. Tenney Canning Co.Superior Court of Pennsylvania · 1901
  2. McLennan v. Public Utilities Construction Co.Supreme Court of Pennsylvania · 1914
  3. Bryan v. TroutSupreme Court of Pennsylvania · 1879
  4. Hayes v. GillespieSupreme Court of Pennsylvania · 1860
  5. Sterrett v. HowarthSupreme Court of Pennsylvania · 1874

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