Werner v. Gross
Supreme Court of Pennsylvania
Appeal No. 70, Jan. T., 1896, by defendant, from orders of ,C. P. Northampton Co., June T., 1893, No. 10, refusing to dissolve an attachment under the act of 1869, and entering judgment for want of a sufficient affidavit of defense. Attachment under the act of March 17, 1869, P. L. 8. Rule to dissolve attachment. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal No. 70, Jan. T., 1896, by defendant, from orders of ,C. P. Northampton Co., June T., 1893, No. 10, refusing to dissolve an attachment under the act of 1869, and entering judgment for want of a sufficient affidavit of defense. Attachment under the act of March 17, 1869, P. L. 8. Rule to dissolve attachment. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of cause of action was in substance as follows : Lewis Salke, the properly authorized agent of S. & J. Werner, makes affidavit that he has been employed by S. & J. Werner as traveling sales agent for…
1Opinion of the Court
Opinion by
Me. Justice Fell,
The assignments of error relate to the refusal of the court to dissolve the attachment, and to the order making absolute the rule for judgment for want of a sufficient affidavit of defense. The testimony heard by the. court on the motion to dissolve the attachment has not been brought up, and there is nothing before us but the affidavit upon which the attachment was founded and the petition to dissolve. The affidavit follows the general language of the act, and contains also specific averments of fraud, and it is sufficient to sustain the attachment. As no error…
2Cases cited2 opinions
- Allegheny City v. McCaffreySupreme Court of Pennsylvania · 1890
- Hall v. OysterSupreme Court of Pennsylvania · 1895
3Cited by2 opinions
- Ingram v. OrangersSuperior Court of Pennsylvania · 1907
- Kidney v. BeemerSuperior Court of Pennsylvania · 1905