Legal Opinion

Messinger v. Mantz

Supreme Court of Pennsylvania

Decided March 19, 1888No. 94PublishedCited by 1 opinion

January Term, 1888, No. 94, E. D., Error to the Common Pleas of Lehigh County to review a judgment reversing the judgment of a justice of the peace against a garnishee, June term, 1887, No. 49. February 12, 1887, S. S. Messinger and G. E. Messinger, trading as S. S. Messinger & Son, obtained a judgment before a justice of the peace for $133.43 against David Hausman. February 19,1887, an attachment execution was issued and Phaon W. Mantz was summoned as garnishee.

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January Term, 1888, No. 94, E. D., Error to the Common Pleas of Lehigh County to review a judgment reversing the judgment of a justice of the peace against a garnishee, June term, 1887, No. 49. February 12, 1887, S. S. Messinger and G. E. Messinger, trading as S. S. Messinger & Son, obtained a judgment before a justice of the peace for $133.43 against David Hausman. February 19,1887, an attachment execution was issued and Phaon W. Mantz was summoned as garnishee. Interrogatories were served upon Mantz, the material part of the answers to which was as follows: “There is a dower legacy on my…

1Per curiam

A justice’s jurisdiction must be founded upon some act of assembly ; and as there is no such warrant authorizing the attachment, by a justice, of a legacy, or other interest in the estate of a decedent, the court did right in reversing the magistrate’s judgment.

The judgment is affirmed.

2Cited by1 opinion

  1. Marshall v. PearceSupreme Court of Louisiana · 1882

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