Moyer v. Lobengeir
Supreme Court of Pennsylvania
ERROR to Westmoreland county. John Lobengeir, John Moyer and others v. Michael Moyer. Debt on recognizance. Upon the plea of payment with leave, &c. the defendant offered in evidence the record of a foreign attachment at the suit of Frederick Moyer, for the use of Michael Moyer, the present plaintiff, against John Moyer, the present defendant, by which it appeared that the claim now sought to be recovered was attached; that judgment was entered therein and a scire facias…
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ERROR to Westmoreland county. John Lobengeir, John Moyer and others v. Michael Moyer. Debt on recognizance. Upon the plea of payment with leave, &c. the defendant offered in evidence the record of a foreign attachment at the suit of Frederick Moyer, for the use of Michael Moyer, the present plaintiff, against John Moyer, the present defendant, by which it appeared that the claim now sought to be recovered was attached; that judgment was entered therein and a scire facias issued against the said Michael Moyer as the garnishee, who acknowledged the debt, whereupon the court rendered judgment,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—Some doubts are to be found in the ancient English authorities as to the right of a person to levy a foreign attachment on property in his own hands, under the customs of London and other places, but the weight of authority is that it may be done; and precedents of the mode of pleading in such cases may be seen in Coke’s Entries 139, b, and Rastell’s Entries, Detle, 156, b. That such proceeding is maintainable under our act of assembly, was determined in Graighle v. Notnagel, 1 Pet. Rep. 245. So far as it is a legal remedy against an…
2Cases cited1 opinion
- Findlay v. Hinde & WifeSupreme Court of the United States · 1828
3Cited by3 opinions
- Adams v. FilerWisconsin Supreme Court · 1859
- Hanscom v. ChapinSuperior Court of Pennsylvania · 1905
- Eisenhardt v. Coastal Industries, Inc., Pennsylvania Court of Common Pleas, York County1971