Shewell v. Keen
Supreme Court of Pennsylvania
On a'writ of error to the District Court for the City and County of Philadelphia, the case was as follows:— To December Term, 1832, Thomas Shewell issued a writ of foreign attachment, in case, against Standish Fórde and John B. Forde : Bail, $19,000. The writ issued on the 1st of October, 1832, and was endorsed as follows:— “Attach all and singular the messuages, lands, tenements- and hereditaments, goods, chattels, rights, credits, effects and estate, real and personal,…
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On a'writ of error to the District Court for the City and County of Philadelphia, the case was as follows:— To December Term, 1832, Thomas Shewell issued a writ of foreign attachment, in case, against Standish Fórde and John B. Forde : Bail, $19,000. The writ issued on the 1st of October, 1832, and was endorsed as follows:— “Attach all and singular the messuages, lands, tenements- and hereditaments, goods, chattels, rights, credits, effects and estate, real and personal, whatsoever, and wheresoever lying and being, in your bailiwick, of the defendants, and especially those which are devised…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
In every case in which a determination has taken place on the question whether a foreign attachment would lie for a legacy, it has been held that it would not; and some of these cases have occurred under statutory regulations on the subject, very similar to our own. Various reasons have been given for coming to this result; and a little reflection convinces us that'the proceedings by foreign attachment, cannot be applied to the case of a legacy, without great inconvenience and manifest incongruity.
A pecuniary legacy is not a debt. It is a…
2Cited by12 opinions
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- Hartle v. LongSupreme Court of Pennsylvania · 1846
- Norton v. ClarkNevada Supreme Court · 1884
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