Fithian v. New York & Erie Railroad
Supreme Court of Pennsylvania
Error to the Common Pleas of Susquehanna county. This was a scire facias by Fithian, Jones & Co. against The New York and Erie Railroad Company, garnishees in an attachment execution against Cyprian Innman. By Act 16th February 1841, Pamph.
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Error to the Common Pleas of Susquehanna county. This was a scire facias by Fithian, Jones & Co. against The New York and Erie Railroad Company, garnishees in an attachment execution against Cyprian Innman. By Act 16th February 1841, Pamph. L. 28, the New York and Erie Railroad Company were authorized to construct a portion of their road through Susquehanna county, in this state, and by the 9th section of that act it'was provided “ that in all suits or actions which may be brought against said company, the service of process upon any manager, toll-gatherer, or other officer of the company,…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
This is an attachment execution, under the Act of 16th June 1836, in which the railroad corporation is made a garnishee. The plaintiffs have a judgment against Cyprian Innman, which they recovered in the Common Pleas of Susquehanna county. Innman has a judgment against the railroad company, which he recovered in the Supreme Court of New York. If neither the property nor the person of Innman was within the jurisdiction of this state, the courts of New York would not be bound to give to our judgment an extra-territorial operation. But-the…
2Cases cited2 opinions
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