Christmas v. Biddle
Supreme Court of Pennsylvania
The Planters Bank of Mississippi was the owner of certain shares of stock of the Commercial Bank of Natchez. In 1843, it made an assigment to Mandeville, et al., in trust for creditors of certain property, among which are these shares. On the 5th of July, 1844, a certificate for some of these shares was issued to Henderson by the bank of the U. States, at Philadelphia, a transfer agent of the Commercial Bank.
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The Planters Bank of Mississippi was the owner of certain shares of stock of the Commercial Bank of Natchez. In 1843, it made an assigment to Mandeville, et al., in trust for creditors of certain property, among which are these shares. On the 5th of July, 1844, a certificate for some of these shares was issued to Henderson by the bank of the U. States, at Philadelphia, a transfer agent of the Commercial Bank. On the 16th of January, 1846, the plaintiff served a foreign attachment upon Biddle & Co., in an action on a judgment against the Planters Bank. In April, 1846, Henderson forwarded his…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
The attachment process is a proceeding in rem, *224and tbe matter and thing attached must be in the power and jurisdiction of the court. You might as well, by an ideal and constructive service on the person of a defendant resident in Mississippi, summon him to appear in our court, as to attach him to compel an appearance by attaching his bank stock in a bank located and established by law in Mississippi. This stock is held and transferable according to the law of its creation, the statute of Mississippi, on the books of the bank only, either in…
2Cited by6 opinions
- Moys v. Union Trust Co.Supreme Court of Pennsylvania · 1923
- Glenny v. BoydSuperior Court of Pennsylvania · 1904
- Mills v. JacobsSuperior Court of Pennsylvania · 1938
- Wiener v. American Insurance Co. of BostonSuperior Court of Pennsylvania · 1909
- Cherkasky ex rel. Domsky v. Pride, Pennsylvania Court of Common Pleas, Philadelphia County1928
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