Edner v. Mathews

SCHOONMAKER, District Judge.

This is a proceeding in foreign attachment under the law of Pennsylvania. Defendant George B. Mathews died on Feb*874ruary 4, 1942; and letters testamentary were duly issued to Jennie R. Mathews by the Surrogate Court of Erie County, New York. The plaintiff has moved to substitute her as a party defendant in this case.

Under Pennsylvania law, when a defendant in a foreign attachment dies, the action abates. See Ionian Bank, Ltd. v. Mamatos et al., 340 Pa. 52, 16 A.2d 397, 131 A.L.R. 1141.

Notwithstanding this Pennsylvania rule, the plaintiff urges that pursuant to the…