Legal Opinion

Wick v. Alworth

Superior Court of Pennsylvania

Decided March 1, 1916No. Appeals, Nos. 205 and 206Published

Appeals, Nos. 205 and 206, April T., 1915, by plaintiff, from order C. P. Butler Co. making absolute rule to set aside service of writ of execution in case of C. W. Wick, Cashier, v. Rachel Alworth, defendant, and Rachel Alworth, Administratrix of Joseph F. Alworth, deceased, Garnishee. Rule to set aside service of attachment execution. Before Reiber, P. J. The facts are stated in the opinion of the Superior Court.

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Appeals, Nos. 205 and 206, April T., 1915, by plaintiff, from order C. P. Butler Co. making absolute rule to set aside service of writ of execution in case of C. W. Wick, Cashier, v. Rachel Alworth, defendant, and Rachel Alworth, Administratrix of Joseph F. Alworth, deceased, Garnishee. Rule to set aside service of attachment execution. Before Reiber, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule to sel aside service of attachment execution.

1Opinion of the Court

Opinion by

Rice, P. J.,

This is an appeal by plaintiff from an order making absolute a rule to show cause why service of attachment in execution and of rule with interrogatories should not be set aside. The attachment issued against Rachel Al-worth, the defendant in the judgment, and Rachel Al-worth, administrator of the estate of Joseph F. A1 worth, deceased, as garnishee. The object of the attachment was to bind the |300.00 widow’s exemption, which, pursuant to her election, had been duly set apart to her and charged on the real estate of the decedent, which subsequently was converted into…

2Cases cited11 opinions

  1. Park Brothers & Co. v. Oil City Boiler WorksSupreme Court of Pennsylvania · 1903
  2. Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
  3. Somerset & Stoystown RoadSupreme Court of Pennsylvania · 1873
  4. Johnston's EstateSupreme Court of Pennsylvania · 1859
  5. Bennett v. NortonSupreme Court of Pennsylvania · 1895

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