Schueck v. Freeman
Superior Court of Pennsylvania
Appeal, No. 152, April T., 1913, by plaintiff, from order of C. P. Allegheny Co., Oct. T., 1912, No. 236, quashing writ of foreign attachment in case of H. L. Schueck v. Philip Freeman et al., trading as Philip Freeman & Bros. Rule to quash writ of foreign attachment. Swearingen, J., filed the following opinion: The plaintiff commenced the above action by issuing a writ of foreign attachment.
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Appeal, No. 152, April T., 1913, by plaintiff, from order of C. P. Allegheny Co., Oct. T., 1912, No. 236, quashing writ of foreign attachment in case of H. L. Schueck v. Philip Freeman et al., trading as Philip Freeman & Bros. Rule to quash writ of foreign attachment. Swearingen, J., filed the following opinion: The plaintiff commenced the above action by issuing a writ of foreign attachment. In accordance with the practice the plaintiff filed an affidavit at the time the praecipe was issued, in which he claimed that the defendants were indebted to him in the sum of $690, “for which the said…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff began an action of assumpsit against .the defendants by foreign attachment, and with his praecipe filed an affidavit of cause of action. This affidavit did not aver that the defendants were nonresidents of the state, nor that they were not within the county of Allegheny at the time the writ issued. After the writ had been returned served on the garnishee and nihil habet as to the defendants, the plaintiff, without leave of court, filed a second or supplemental affidavit identical with the original except for the addition of the words, *42“and that the…
2Cases cited4 opinions
- Holland v. WhiteSupreme Court of Pennsylvania · 1888
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- Hallowell v. Tenney Canning Co.Superior Court of Pennsylvania · 1901
- First National Bank of Omaha v. CrosbySupreme Court of Pennsylvania · 1897
3Cited by11 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Mindlin v. Saxony Spinning Co.Supreme Court of Pennsylvania · 1918
- G. B. Hurt, Inc. v. Fuller Canneries Co.Supreme Court of Pennsylvania · 1919
- Frankel v. Donehoo (Nesbitt)Supreme Court of Pennsylvania · 1931
- Kohl v. Lyons (O'malley)Superior Court of Pennsylvania · 1936
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