Slingluff v. Sisler
Supreme Court of Pennsylvania
Appeal, No. 99, Dec. T., 1900, by P. S. Newmyer, assignee, from order of C. P. Fayette Co., Dec. T., 1895, No. 245, discharging rule to prosecute attachment in case of Slingluff, Johns & Co. v. J. G. Sisler. Rule to prosecute attachment with effect and put the same .at issue to try the question involved therein. From the record it appears that the writ was issued on October 11, 1895, and was served personally the same day.
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Appeal, No. 99, Dec. T., 1900, by P. S. Newmyer, assignee, from order of C. P. Fayette Co., Dec. T., 1895, No. 245, discharging rule to prosecute attachment in case of Slingluff, Johns & Co. v. J. G. Sisler. Rule to prosecute attachment with effect and put the same .at issue to try the question involved therein. From the record it appears that the writ was issued on October 11, 1895, and was served personally the same day. October 15,1895, on petition of the defendant a rule was granted on the plaintiffs to show cause why the attachment should not be ■dissolved, and November 1,1895, the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The questions raised by this appeal have all been definitively-settled by the decisions of this court adversely to the appellant’s contention. Where an attachment under the act of 1869 has been dissolved the case goes on as under an ordinary summons if there has been service on the defendant: Sharpless v. Ziegler, 92 Pa. 467; Biddle v. Black, 99 Pa. 380. Where the attachment is not dissolved the plaintiff of course retains his lien. Where the court on motion refuses to dissolve the attachment the question whether there was ground for issuing-it is settled, and…
2Cases cited5 opinions
- Biddle v. BlackSupreme Court of Pennsylvania · 1882
- Walls v. CampbellSupreme Court of Pennsylvania · 1889
- Page v. Williamsport Suspender Co.Supreme Court of Pennsylvania · 1899
- Sharpless v. ZieglerSupreme Court of Pennsylvania · 1880
- White v. ThielensSupreme Court of Pennsylvania · 1884
3Cited by3 opinions
- Locey v. Sterling Motor Truck Co.Superior Court of Pennsylvania · 1931
- Pollock v. Chelsea Fiber MillsSuperior Court of Pennsylvania · 1911
- C. G. Aschmann & Co. ex rel. Caesar & Co. v. Banks Bros., Pennsylvania Court of Common Pleas, Philadelphia County1926