Legal Opinion

Grant v. Hickcox

Supreme Court of Pennsylvania

Decided March 7, 1870Published

Error to the District Court of PhilacUlphia: No. 264, to January Term 1870. This was a foreign attachment in assumpsit by Fanny Grant against George Hickcox. The writ was issued April 2d 1869, and the attachment served on John West and others, garnishees. On the 24th of May, a copy of the note on which the action was founded was filed. On the 2d of June an appearance was entered for the garnishees, and an the 30th of October an appearance was entered for the defendant.

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Error to the District Court of PhilacUlphia: No. 264, to January Term 1870. This was a foreign attachment in assumpsit by Fanny Grant against George Hickcox. The writ was issued April 2d 1869, and the attachment served on John West and others, garnishees. On the 24th of May, a copy of the note on which the action was founded was filed. On the 2d of June an appearance was entered for the garnishees, and an the 30th of October an appearance was entered for the defendant. On the 9th of December, a rule to declare was entered. On the 11th of the same month judgment was taken against the defendant…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

— Had the District Court refused, on motion, to enter judgment for want of an affidavit of defence, no one would b.e hardy enough to contend that such refusal would have been a final judgment upon which a writ of error would lie. It seems that having given judgment improvidently they struck it off, leaving the cause still pending and undetermined. In The Erie Bank v. Brawley, 5 Watts 530, it was held that a writ of error will not lie to reverse the order of a court setting aside an award of arbitrators; that the legality of such order can…

2Cases cited2 opinions

  1. Carr v. LaddSuperior Court of New Hampshire · 1803
  2. Roberts v. Hugg, Pennsylvania Court of Common Pleas, Philadelphia County1839

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