Legal Opinion

Somerset Coal Co. v. Diamond State Steel Co.

Supreme Court of Pennsylvania

Decided March 29, 1909No. Appeal, No. 254PublishedCited by 6 opinions

Appeal, No. 254, Jan. T., 1908, by plaintiff, from order of C. P. No. 3, Phila. Co., June T., 1904, No. 3,116, discharging rule for judgment against garnishee upon answers to interrogatories in case of Somerset Coal Company v. Diamond State Steel Company, Defendant, and Philadelphia Warehouse Company, Garnishee. Rule for judgment against garnishee upon answers to interrogatories. The opinion of the Supreme Court states the case.

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Appeal, No. 254, Jan. T., 1908, by plaintiff, from order of C. P. No. 3, Phila. Co., June T., 1904, No. 3,116, discharging rule for judgment against garnishee upon answers to interrogatories in case of Somerset Coal Company v. Diamond State Steel Company, Defendant, and Philadelphia Warehouse Company, Garnishee. Rule for judgment against garnishee upon answers to interrogatories. The opinion of the Supreme Court states the case. Error assigned was order discharging rule for judgment against garnishee upon answers to interrogatories.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The Somerset Coal Company, a corporation of this state, having here obtained judgment against the Diamond State Steel Company, a corporation of the state of Delaware, caused a writ of attachment execution sur judgment to issue, summoning the Philadelphia Warehouse Company as garnishee. The writ when first served held nothing within its grasp. The Warehouse Company was not indebted in any way to the defendant debtor, and held no property belonging to the latter which was subject to the attachment process. On the contrary, the Diamond State Steel Company was…

2Cases cited3 opinions

  1. Crapo v. KellySupreme Court of the United States · 1873
  2. Chicago, Milwaukee & St. Paul Railway Co v. Keokuk Northern Line Packet Co.Illinois Supreme Court · 1883
  3. Pond v. CookeSupreme Court of Connecticut · 1877

3Cited by6 opinions

  1. David E. Kennedy, Inc. v. SchleindlSupreme Court of Pennsylvania · 1927
  2. Frazier v. BergSupreme Court of Pennsylvania · 1931
  3. Shipman v. SeiwellSuperior Court of Pennsylvania · 1930
  4. Bizot v. Audenried, Pennsylvania Court of Common Pleas, Philadelphia County1930
  5. Commonwealth v. Mitchell, Pennsylvania Court of Common Pleas, Lawrence County1949

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