Boyer v. Bullard
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county : Of January Term 1883, No. 145. Foreign attachment, by Solomon Boyer, against Edward P. Bullard and C. Van Brunt, with whom were impleaded John Murray, Joseph Hill, James H. McKee and Joseph W. Fuller; also a summons in case sur assumpsit again The American Life Insurance Company. Bail was entered, and the attachment dissolved, September 10th 1881. The defendants pleaded non assumpsit.
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Error to the Court of Common Pleas of Lehigh county : Of January Term 1883, No. 145. Foreign attachment, by Solomon Boyer, against Edward P. Bullard and C. Van Brunt, with whom were impleaded John Murray, Joseph Hill, James H. McKee and Joseph W. Fuller; also a summons in case sur assumpsit again The American Life Insurance Company. Bail was entered, and the attachment dissolved, September 10th 1881. The defendants pleaded non assumpsit. On trial, before Albright, P. J., the facts as claimed by the plaintiff, were as follows: Solomon Boyer, the plaintiff, had possession of the factory, known…
1Opinion of the CourtChief Justice Mercur
Foreign attachment is a remedy for the recovery of debts or damages arising ex contractu. It does not lie for a demand founded in tort: Jacoby v. Gogell, 5 S. & R. 450; Porter v. Hildebrand, 2 Harris 129.
It is urged that the action in the present case may be maintained under section 70 of the Act of 13th June 1836, Pur. Dig. 722 pi. 35. It is true that section does declare, inter alia, “where two or more persons shall be jointly but not severally liable to the suit of another if one or more of such persons shall be liable to attachment as aforesaid, and another or others of them shall not be…
2Cited by12 opinions
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- Alpers v. New Jersey Bell Telephone Co.Supreme Court of Pennsylvania · 1961
- Anderson Equipment Co. v. FindleySupreme Court of Pennsylvania · 1944
- Sabarof v. Florida East Coast Railway Co.Superior Court of Pennsylvania · 1927
- Snyder v. LingoSuperior Court of Pennsylvania · 1906
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