Barndollar v. Fogarty
Supreme Court of Pennsylvania
Appeal, No. 325, Jan. T., 1901, by W. J. Carlin Company, from order of C. P. Bedford Co., Sept. T., 1900, No. 237, entering rule for non pros, in case of Mary E. Barndollar v. Michael J. Fogarty and John Claffey, trading as M. J. Fogarty & Company, Defendants, and the Huntingdon & Broad Top Mountain Railroad Company, C. E. Jackson, James Everhart and Joseph Claffey, Garnishees. Rule for judgment of non pros. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 325, Jan. T., 1901, by W. J. Carlin Company, from order of C. P. Bedford Co., Sept. T., 1900, No. 237, entering rule for non pros, in case of Mary E. Barndollar v. Michael J. Fogarty and John Claffey, trading as M. J. Fogarty & Company, Defendants, and the Huntingdon & Broad Top Mountain Railroad Company, C. E. Jackson, James Everhart and Joseph Claffey, Garnishees. Rule for judgment of non pros. The facts are stated in the opinion of the Supreme Court. Error assigned was order making the rule absolute.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
A rule for an issue to determine the ownership of the goods claimed by the appellant was made absolute on November 3, 1900. It had been taken in pursuance of the provisions of the Act of May 26,1897, P. L. 95, and the bond and statement of the claimant, required by the act, should have been filed within two weeks after the issue had been awarded. On November 5,1900, the bond was approved and filed; but the statement was not filed until January 7,1901. On the day following, at the instance of the plaintiff in the foreign attachment under which the goods claimed by…
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