Legal Opinion

Raiguel & Co. v. McConnell

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 4 opinions

Error to the District Court of Allegheny county. This was an attachment execution, issued by Raiguel & Co. upon a judgment for $2611.52, obtained by them against Joseph M. Elliott, in which Erancis B. McConnell was made garnishee.

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Error to the District Court of Allegheny county. This was an attachment execution, issued by Raiguel & Co. upon a judgment for $2611.52, obtained by them against Joseph M. Elliott, in which Erancis B. McConnell was made garnishee. The answer of the garnishee to interrogatories filed, and which was the only evidence in the cause, disclosed the following facts: That Elliott, on the 2d October, 1854, executed to garnishee a general deed of assignment for the benefit of creditors, which had never been recorded. That under said deed he had taken possession of the property and effects of Elliott,…

1Opinion of the Court

The opinion of the Court was delivered

Lewis, C. J.

Our system of levying executions upon debts due to the defendant, or deposits of money made by him, or of goods or chattels pawned, pledged, or demised, is established by the Act of 16th June, 1836. By that Act it is declared that “the same may be attached and levied in satisfaction of the plaintiff’s judgment, in the manner allowed in the ease of foreign attachment. Our proceedings in foreign attachment are founded on the custom of London. By that custom “if a plaint be affirmed against any man, and he is returned nihil, and the plaintiff…

2Cited by4 opinions

  1. Frazier v. BergSupreme Court of Pennsylvania · 1931
  2. Seip Et Ux. v. LaubachSupreme Court of Pennsylvania · 1938
  3. Adkins v. PothSupreme Court of Pennsylvania · 1926
  4. Taylor v. HueySupreme Court of Pennsylvania · 1895

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