Legal Opinion

Johnston v. Menagh

Superior Court of Pennsylvania

Decided March 17, 1897No. Appeal, No. 29Published

- Appeal, No. 29, Feb. T., 1897, by plaintiffs, from order of C. P., Northumberland Co., Sept. T., 1896, No. 544, dissolving attachment under Fraudulent Debtor’s Act. Attachment in assumpsit under Fraudulent Debtor’s Act of March 17, 1869. Before McClure, P. J., 17th Judicial District, specially presiding. The attachment issued August 27, 1896. Same day bond filed. On August 31, 1896, a rule was granted to show cause why the attachment should, not be dissolved.

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- Appeal, No. 29, Feb. T., 1897, by plaintiffs, from order of C. P., Northumberland Co., Sept. T., 1896, No. 544, dissolving attachment under Fraudulent Debtor’s Act. Attachment in assumpsit under Fraudulent Debtor’s Act of March 17, 1869. Before McClure, P. J., 17th Judicial District, specially presiding. The attachment issued August 27, 1896. Same day bond filed. On August 31, 1896, a rule was granted to show cause why the attachment should, not be dissolved. On September 10, 1896, affidavit of defense filed. On September 14, 1896, the court, McCltjbe, P. J., dissolved the attachment in the…

1Opinion of the Court

Opinion by

Wickham, J.,

In this case the court below dissolved the attachment, for the reason that the condition of the bond, given by the plaintiffs, ■ was not in accordance with the requirements of the act of assembly.

If called on to consider the merits of the case, as revealed by the record, and we could in no event go further, we would be compelled to say, that the proceedings in the court below are free from error. It is enough, however, to hold, as was done in the very similar case of Hoppes v. Houtz, 133 Pa. 34, that the order dissolving the attachment is interlocutory and not reviewable…

2Cases cited1 opinion

  1. Hoppes v. Houtz, Pennsylvania Court of Common Pleas, Schuylkill County1890

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