Sharpless v. Ziegler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1880, Nos. 48 and 49. These were attachments under the Act of March 17th 1869, Pamph. L. 8, the one issued by Sharpless & Sons against George W. Ziegler, and the other by Good & Wilson against same defendant.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1880, Nos. 48 and 49. These were attachments under the Act of March 17th 1869, Pamph. L. 8, the one issued by Sharpless & Sons against George W. Ziegler, and the other by Good & Wilson against same defendant. The following was the affidavit in Sharpless v. Zeigler, on which the attachment issued: “ William M. Wylie, of the city of Philadelphia, state of Pennsylvania, salesman and buyer for George W. Ziegler, having been duly sworn according to law, deposes and says: that the said Ziegler is indebted to the firm…
1Opinion of the CourtJustice Gordon
By the first section of the Act of March 17th 1869, it is made the duty of the prothonotary to issue a writ of attachment upon the filing, by the plaintiff, of the affidavit in said act prescribed. This attachment is in the nature of an original writ, for not only may goods and chattels be attached by it, but in case of personal service, or in case the defendant resides in the county, “ the court shall proceed in the case in like manner as in the case of a summons for debt regularly issued and duly served.” When, therefore, the plaintiff has filed an affidavit in the language, or…
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