Wood v. Virginia Hot Springs Co.
Supreme Court of Pennsylvania
Appeal, No. 320, Jan. T., 1901, by-plaintiff, from order of C. P. No. 4, Phila. Co., Sept. T., 1901, No. 115, dissolving foreign attachment in case of Meta J. Woodv. The Virginia Hot Springs Company. Foreign attachment.
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Appeal, No. 320, Jan. T., 1901, by-plaintiff, from order of C. P. No. 4, Phila. Co., Sept. T., 1901, No. 115, dissolving foreign attachment in case of Meta J. Woodv. The Virginia Hot Springs Company. Foreign attachment. The affidavit of the cause of action filed by the plaintiff averred that she is a citizen of the state of Pennsylvania, residing in the city and county of Philadelphia, state of Pennsylvania, and that the .Virginia Hot Springs Company is a corporation duly organized under the laws of Virginia, a citizen of the said state of Virginia, residing at Hot Springs, state of Virginia,…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
We do not understand that counsel for appellant in this case questions the established rule that foreign attachment is a remedy for the recovery of debts or damages arising ex contractu, and that it does not lie for a demand founded in tort. The contention is rather that the plaintiff has waived the tort, and is claiming in assumpsit. But we cannot so interpret the cause of action as set forth in the plaintiff’s affidavit.
It alleges that the defendant operated, controlled and managed a public hotel in the state of Virginia, at which plaintiff was a guest. That not…
2Cited by6 opinions
- Parry v. First National BankSupreme Court of Pennsylvania · 1921
- Commonwealth v. A. B. Baxter & Co.Supreme Court of Pennsylvania · 1912
- Alpers v. New Jersey Bell Telephone Co.Supreme Court of Pennsylvania · 1961
- Alpers v. New Jersey Bell Telephone Co.Supreme Court of Pennsylvania · 1961
- Chester Franzell & Co. v. Atlantic Coast Line Railroad, Pennsylvania Court of Common Pleas, Alleghany County1929
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