Longwell v. Hartwell
Supreme Court of Pennsylvania
Appeal, No. 208, Oct. T., 1894, by Oil City Electric Co., garnishee, from order of C. P. Yenango Co., Aug. T., 1893, No. 82, entering judgment against garnishee. Rule to strike off judgment.
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Appeal, No. 208, Oct. T., 1894, by Oil City Electric Co., garnishee, from order of C. P. Yenango Co., Aug. T., 1893, No. 82, entering judgment against garnishee. Rule to strike off judgment. From the record it appeared that plaintiff, W. H. Longwell, recovered adjudgment in the Court of Common Pleas of Yenango county, against C. F. Hartwell, Feb. 18,1891, for $1,273.75. On June 23, 1893, he issued an execution attachment upon this judgment against the defendant in the judgment, summoning, inter alia, the Oil City Electric Company, as garnishee. The writ was made returnable to the next term.…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The judgment against the garnishee, appellant, on the attachment execution, being out of the course of the common law and founded entirely on statute, must be shown to rest on positive provision. The act of June 16,1836, § 33, authorizes the issue of “ process in the nature of an attachment .... with a clause of summons .... in the nature of a writ of scire facias against garnishees in a foreign attachment; and thereupon the plaintiff may proceed to judgment .... in the manner allowed in cases of foreign attachment against personal estate:” P. L. 767. We must…
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