McLennan v. Public Utilities Construction Co.
Supreme Court of Pennsylvania
Appeal, No. 361, Jan. T., 1913, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1913, No. 68, making absolute rule to show cause why foreign attachment should not be dissolved in case of D. McLennan v. The Public Utilities Construction Company, a Corporation. Buie to show cause why a foreign attachment should not be dissolved.
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Appeal, No. 361, Jan. T., 1913, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1913, No. 68, making absolute rule to show cause why foreign attachment should not be dissolved in case of D. McLennan v. The Public Utilities Construction Company, a Corporation. Buie to show cause why a foreign attachment should not be dissolved. Before Walling, P. J. The affidavit to the cause of action concluded “all of which facts are true to the best of deponent’s knowledge and belief.” The plaintiff filed an amended statement of demand and an affidavit thereto which had the same conclusion as the…
1Opinion of the Court
Per Curiam,
The rule to show cause why the foreign attachment issued in this case should not be dissolved was made absolute for the reason that the affidavits to the cause of action were not positive. As early as 1789 it was decided in Miltenberger v. Lloyd, 2 Dallas 79, that foreign attachments would be dissolved, if under the same circumstances, in the case of a capias, common bail would be ordered. In Jacoby v. Gogell, 5 Sergeant & Rawle 450, it was held that it was not sufficient for a plaintiff in a foreign attachment to swear to facts from which a. jury might or might not infer a…
2Cases cited1 opinion
- Hallowell v. Tenney Canning Co.Superior Court of Pennsylvania · 1901
3Cited by10 opinions
- Frankel v. Donehoo (Nesbitt)Supreme Court of Pennsylvania · 1931
- Munhall v. Travelers InsuranceSupreme Court of Pennsylvania · 1930
- Kohl v. Lyons (O'malley)Superior Court of Pennsylvania · 1936
- Magel v. SpringsSupreme Court of Pennsylvania · 1940
- Bank of Philadelphia & Trust Co. v. Wabash Railway Co.Superior Court of Pennsylvania · 1931
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