Turner v. Larkin
Superior Court of Pennsylvania
Appeal, No. 149, Oct. T., 1899, by plaintiff, from judgment of C. P. Delaware Co., dissolving writ of foreign attachment. Assumpsit commenced by foreign attachment.
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Appeal, No. 149, Oct. T., 1899, by plaintiff, from judgment of C. P. Delaware Co., dissolving writ of foreign attachment. Assumpsit commenced by foreign attachment. B efore Clayton, P. J. It appears from the record that on June 19,1899, the defendant presented a petition for the quashing of the foreign attachment proceeding, on which the court, on the same day, granted a rule on the plaintiff to show cause why the writ of foreign attachment should not be quashed or dissolved. In this petition, the defendant alleged that his residence was within the commonwealth at the time of the issuance of…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is well settled that the court of common pleas has power to dissolve, and according to some precedents, to quash, a writ of foreign attachment upon proof of facts which are not disclosed by the record, as, for example, that the defendant is a resident of the state or that the property is not liable to foreign attachment. It is equally well settled that where a court of record may quash or dissolve on extrinsic evidence, which cannot be put on the record, the presumption on appeal is that everything was done rightly and according to law. All that is brought up for…
2Cases cited3 opinions
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- First National Bank of Omaha v. CrosbySupreme Court of Pennsylvania · 1897
- Little v. BallietteSuperior Court of Pennsylvania · 1899
3Cited by5 opinions
- McCloskey v. Northdale Woolen MillsSupreme Court of Pennsylvania · 1929
- Marano v. Granata (Hankin)Superior Court of Pennsylvania · 1942
- Farmers Tr. Co. v. Alexander (Et Al.)Supreme Court of Pennsylvania · 1939
- Keystone Pipe & Supply Co. v. Central Pipe & Supply Co., Pennsylvania Court of Common Pleas, Butler County1921
- Tierney v. Bulletin Co., Pennsylvania Court of Common Pleas, Philadelphia County1958