Melloy's Sons v. Deal & Burtis
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 329 January Term 1888, Sup. Ct.; court below No. 254 March Term 1886, C. P. No. 3. On February 25,1886, George D. Melloy and others, trading as John M. Melloy’s Sons, brought foreign attachment against H. I. Burtis and A. J. Deal, trading as Deal & Burtis.
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ERROR TO THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 329 January Term 1888, Sup. Ct.; court below No. 254 March Term 1886, C. P. No. 3. On February 25,1886, George D. Melloy and others, trading as John M. Melloy’s Sons, brought foreign attachment against H. I. Burtis and A. J. Deal, trading as Deal & Burtis. The writ was returnable to March 1, 1886. On February 25 and 26,1886, Howard S. Janney and others, trading as Janney & Andrews, were served as garnishees, and the writ then returned nihil habent, as to the defendants. On March 8th, the garnishees appeared by counsel. The…
1Opinion of the Court
Opinion,
Mb. Justice Sterrett:
The writ of foreign attachment, having been duly executed, was returned to first day of March Term, 1886, and, in obedience to summons, the garnishees, Janney and Andrews, appeared by attorney. As to defendants in the writ, the return was nihil liabent. They never appeared either in person or by attorney; and this writ of error is defended in their behalf by the garnishees.
The third term of court, after execution of the writ, commencing September 20th, and ending December 5,1886, passed without any further' action having been taken by plaintiffs. On the twelfth…
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