Legal Opinion

Sobern v. Liepicz

Superior Court of Pennsylvania

Decided April 19, 1915No. Appeal, No. 94Published

Appeal, No. 94, Oct. T., 1914, by Magdalina Bowit, from order of C. P. No. 3, Phila. Co., Dec. T., 1913, No. 198, quashing writ of foreign attachment in case of Mary Sobern v. Stanislaw Liepicz. Motion to quash writ of foreign attachment. From the record it appeared that Magdalina Bowit by her next friend, Mary Sobern, began a suit for breach of promise of marriage against Stanislaw.

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Appeal, No. 94, Oct. T., 1914, by Magdalina Bowit, from order of C. P. No. 3, Phila. Co., Dec. T., 1913, No. 198, quashing writ of foreign attachment in case of Mary Sobern v. Stanislaw Liepicz. Motion to quash writ of foreign attachment. From the record it appeared that Magdalina Bowit by her next friend, Mary Sobern, began a suit for breach of promise of marriage against Stanislaw. Liepicz by a writ of foreign attachment, with the Philadelphia Savings Fund Society as garnishee. Subsequently the plaintiff married Liepicz and thereafter upon the application of Liepicz and his wife the court…

1Opinion of the Court

Opinion by

Orlady, J.,

The general rule is that the action of the court, in quashing a writ of foreign attachment is not reviewable, it being an interlocutory order, from which no appeal lies: Hoppes v. Houty, 133 Pa. 34; Slingluff v. Sisler, 193 Pa. 264; Ingram v. Oranges, 33 Pa. Superior Ct. 316; Schuck v. Freeman, 55 Pa. Superior Ct. 38. Nor do the facts disclosed by this record take this appeal out of the general rule. While the next friend of the minor was not made a party, her counsel was served and appeared at the hearing to resist the proceeding. The fact of marriage of the minor to…

2Cases cited7 opinions

  1. Schueck v. FreemanSuperior Court of Pennsylvania · 1913
  2. Edwards v. SeafordSupreme Court of Pennsylvania · 1889
  3. Hoppes v. Houtz, Pennsylvania Court of Common Pleas, Schuylkill County1890
  4. Slingluff, Johns & Co. v. SislerSupreme Court of Pennsylvania · 1899
  5. Eichert's EstateSupreme Court of Pennsylvania · 1893

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