O'Connor v. O'Connor
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county. Richard O’Connor, of F., commenced suit against Richard O’Connor, of T., a non-resident, by foreign attachment,. to November Term, 1855, and “ attached all moneys, debts due, property, rights, or credits of Richard O’Connor, of T., in the hands, possession, or custody of Sally O’Connor, as garnishee.” On the 5th April, 1856, a “ narr.” was filed, containing the common counts in assumpsit.
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Error to the Court of Common Pleas of Somerset county. Richard O’Connor, of F., commenced suit against Richard O’Connor, of T., a non-resident, by foreign attachment,. to November Term, 1855, and “ attached all moneys, debts due, property, rights, or credits of Richard O’Connor, of T., in the hands, possession, or custody of Sally O’Connor, as garnishee.” On the 5th April, 1856, a “ narr.” was filed, containing the common counts in assumpsit. On the 10th September, 1856, Mr. Gaither moved for judgment, which was granted him. No notice was ever given to the garnishee, or to the defendant, or…
1Opinion of the Court
The opinion of the court was delivered November 19,1858, by
Woodward,'J.
— This is a writ of error to a judgment, against a garnisheejjin foreign attachment. Scire facias was issued against the garnishee, and she pleaded, that the property garnished was not that of the original defendant in the attachment, which, on issue formed, was found against her. Now she objects, that the judgment against the original defendant was not liquidated, agreeably to the rules of court. 1
The court held it was, but if it was not, what has she to do with the question ? The recovery against her was not for the…
2Cited by3 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. WilliamsSupreme Court of Pennsylvania · 1867
- Cuthbert v. KuhnSupreme Court of Pennsylvania · 1838
- Pennsylvania Turnpike Commission v. Schwartz, Pennsylvania Court of Common Pleas, Dauphin County1949