Pancake v. Harris
Supreme Court of Pennsylvania
Pancake issued a foreign attachment in the Court of Common Pleas of Dauphin county, against Hiland IJ. Parker, in debt by assumption, which was levied on money in the hands of Harris, the garnishee.
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Pancake issued a foreign attachment in the Court of Common Pleas of Dauphin county, against Hiland IJ. Parker, in debt by assumption, which was levied on money in the hands of Harris, the garnishee. A declaration was afterwards filed, which in the commencement stated, that Parker was attached to answer Pancake in a plea, that he render unto him the sum of 90 dollars, which he owes to and unjustly detains from him, and then went on to state that the defendant was indebted in that sum for a horse and merchandize,- sold and delivered at the special instance and request of said Parker, in…
1Per curiam
In the attachment Parleer the action is debt on the act of assembly; which is erroneous: the act is inapplicable to attachments. At present however, the declaration is the principal subject of consideration. This in its commencement pursues the form of a declaration in debt, but the body and conclusion are strictly in the form of a declaration in assumpsit for goods sold and delivered. The judgment in the attachment therefore not being for a liquidated sum, the plaintiff could recover nothing from the garnishee without having executed a writ of inquiry of damages; and the court was right in…
2Cited by3 opinions
- Farmers' & Mechanics' Bank v. LittleSupreme Court of Pennsylvania · 1844
- Hampton v. MatthewsSupreme Court of Pennsylvania · 1850
- Thornton v. BonhamSupreme Court of Pennsylvania · 1845