Davis v. Tingley
Supreme Court of Pennsylvania
No. 162 January Term 1887, Sup. Ct.; court below, No. 14 December Term 1886, C. P. Elizabeth S. Davis, executrix of Samuel L. Davis, deceased, began this proceeding in the court below by writ of foreign attachment against John Tingley, summoning Charles G. Blatchley as garnishee. A rule to show cause of action was granted on motion of Mr. Meliek, an attorney at law, whose appearance was not entered of record.
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No. 162 January Term 1887, Sup. Ct.; court below, No. 14 December Term 1886, C. P. Elizabeth S. Davis, executrix of Samuel L. Davis, deceased, began this proceeding in the court below by writ of foreign attachment against John Tingley, summoning Charles G. Blatchley as garnishee. A rule to show cause of action was granted on motion of Mr. Meliek, an attorney at law, whose appearance was not entered of record. In reply, the plaintiff filed an affidavit of cause of action setting out the death of Samuel L. Davis in August, 1886, the probate of his will and the grant of letters, etc.; that in…
1Opinion of the Court
*118Opinion,
Mr. Justice Trunkey:
The defendant asserts that the attachment was dissolved for the sole reason that no cause of action was shown. At the hearing the two contracts referred to in the plaintiff’s affidavit were before the court, and subsequently, by order of the Court, copies of said instrument were filed.
Davis and Tingley, on January 1, 1871, agreed “to form a copartnership for the manufacture and sale of articles under their patent, known as Tingley’s Patent Contracting Band for Casks and other vessels.” It is stated in the instrument that “said Tingley has recently added the very…
2Cited by5 opinions
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- In re the Personal Restraint of HowertonCourt of Appeals of Washington · 2001
- In re the Personal Restraint of WilsonCourt of Appeals of Washington · 2012
- Plantholt v. Falck, Pennsylvania Court of Common Pleas, Lackawanna County1949