Southern Maryland R. v. Moyer
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 150 January Term 1889, Sup. Ct.; court below, No. 14 September Term 1879, C. P. No. 1. On August 2, 1879, a summons in foreign attachment was issued by J. M. Moyer against Samuel S. Smoot, as defendant, and the Southern Maryland Railroad Company, as garnishee. The writ was served on the garnishee on August 4, 1879, and returned, nihil habet, as to the defendant.
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 150 January Term 1889, Sup. Ct.; court below, No. 14 September Term 1879, C. P. No. 1. On August 2, 1879, a summons in foreign attachment was issued by J. M. Moyer against Samuel S. Smoot, as defendant, and the Southern Maryland Railroad Company, as garnishee. The writ was served on the garnishee on August 4, 1879, and returned, nihil habet, as to the defendant. On June 17, 1880, judgment was entered against the defendant for want of an appearance, and afterwards liquidated at the sum of $234,000. On May 22, 1886,…
1Opinion of the Court
*509Opinion,
Mr. Justice Sterrett :
In its legal effect, and for all purposes of review here, the judgment entered on the report of the learned referee, under the provisions of the act of May 14, 1874, P. L. 166, is substantially the same as a judgment of the court itself in a case submitted to it, without jury trial, under the act of April 22, 1874, P. L. 109.
The practice under these acts has been fully considered in ■ several cases, among which are Jamison v. Collins, 88 Pa. 359; Lee v. Keys, 88 Pa. 175; Brown v. Dempsey, 95 Pa. 243; Bradlee v. Whitney, 108 Pa. 362. In view of these and other…
2Cases cited3 opinions
- Bradlee & Co. v. Whitney & KemmererSupreme Court of Pennsylvania · 1885
- Brown v. DempseySupreme Court of Pennsylvania · 1880
- Lee v. KeysSupreme Court of Pennsylvania · 1879
3Cited by7 opinions
- Harris v. MercurSupreme Court of Pennsylvania · 1902
- Eichman v. HerskerSupreme Court of Pennsylvania · 1895
- Commonwealth v. Westinghouse Electric & Manufacturing Co.Supreme Court of Pennsylvania · 1892
- Smith v. KaufmanSuperior Court of Pennsylvania · 1906
- Merchants' & Manufacturers' National Bank v. KernSupreme Court of Pennsylvania · 1899
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