Foster & Co. v. Fowler & Co.
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 83, to October and November Term 1867. This was an execution attachment by S. S. Fowler & Co. against Joseph L. Lowry, issued and served on the garnishees May 10th 1866. The Monongahela Water Company were garnishees. The water company was incorporated by virtue of an act approved the 21st of April 1855 (Pamph.
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Error to the District Court of Allegheny county: No. 83, to October and November Term 1867. This was an execution attachment by S. S. Fowler & Co. against Joseph L. Lowry, issued and served on the garnishees May 10th 1866. The Monongahela Water Company were garnishees. The water company was incorporated by virtue of an act approved the 21st of April 1855 (Pamph. L. 577), for the purpose of raising and introducing into the boroughs of Birmingham, East Birmingham and South Pittsburg a supply of water from the Monongahela river, for the use of the'inhabitants of those boroughs. For this purpose…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, C. J.
This was a case of an attachment-execution, issued by Fowler & Co. against Joseph L. Lowry, and served on the Monongahela Water Company, an alleged debtor of Lowry, as garnishee. There was an interpleader issue ordered by the court between the plaintiffs and defendants in error, and another party, to try who was entitled to the money due by the company to Lowry. Fowler & Co. claimed it by virtue of the service of an execution-attachment on the 10th of May 1866; Foster & Co., by virtue of a mechanics’ lien against the company filed June…
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