Legal Opinion

Dempsey v. Petersburg Savings & Insurance

Superior Court of Pennsylvania

Decided December 12, 1904No. Appeal, No. 160PublishedCited by 3 opinions

Appeal, No. 160, Oct. T., 1904, by the Philadelphia & Reading Railway Company, Garnishee, from orders of C. P. No. 5, Phila. Co., June T., 1904, No. 1756, discharging rule's to dissolve and quash a foreign attachment in case of Dempsey, Son & Co. v. Petersburg Savings and Insurance Company, defendant and the Philadelphia and Reading Railway Company, Garnishee. Rules to dissolve and quash writs of foreign attachment. The opinion of the Superior- Court states the case.

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Appeal, No. 160, Oct. T., 1904, by the Philadelphia & Reading Railway Company, Garnishee, from orders of C. P. No. 5, Phila. Co., June T., 1904, No. 1756, discharging rule's to dissolve and quash a foreign attachment in case of Dempsey, Son & Co. v. Petersburg Savings and Insurance Company, defendant and the Philadelphia and Reading Railway Company, Garnishee. Rules to dissolve and quash writs of foreign attachment. The opinion of the Superior- Court states the case. Errors assigned were the orders of the court. Upon proof of facts not disclosed by the record and showing the absence of…

1Opinion of the Court

Per Curiam,

This is an action of assumpsit begun by foreign attachment. In response to a rule to show cause of action and to dissolve, the plaintiffs filed an affidavit of cause of action, the sufficiency of which is not questioned. Subsequently the garnishee obtained a rule to quash the attachment, which rule was based on an affidavit denying the contractual liability alleged in the plaintiffs’ affidavit. The court discharged the rule to dissolve and the rule to quash, and also refused the garnishee’s motion for leave to take depositions in support of the latter rule. These are the matters…

2Cases cited2 opinions

  1. Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
  2. Bellah v. PooleSupreme Court of Pennsylvania · 1902

3Cited by3 opinions

  1. Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
  2. Provident Trust Co. v. RothmanSupreme Court of Pennsylvania · 1935
  3. Falk & Co. v. South Texas Cotton Oil Co.Supreme Court of Pennsylvania · 1951

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