Legal Opinion

Miller v. Rohrer

Supreme Court of Pennsylvania

Decided June 28, 1889No. 19PublishedCited by 15 opinions

ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 19 January Term 1889, Sup. Ct.; court below, No. 30 January Term 1886, C. P. On December 81,1885, Jeremiah Rohrer brought suit by attachment under the act of March 17, 1869, P. L. 8, against S. R. Miller and John A. Brake, trading as S. R. Miller & Co. By virtue of the writ, a large quantity of the defendants’ personal property was attached, when the defendants appeared to the action and pleaded, non-assumpsit.

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ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 19 January Term 1889, Sup. Ct.; court below, No. 30 January Term 1886, C. P. On December 81,1885, Jeremiah Rohrer brought suit by attachment under the act of March 17, 1869, P. L. 8, against S. R. Miller and John A. Brake, trading as S. R. Miller & Co. By virtue of the writ, a large quantity of the defendants’ personal property was attached, when the defendants appeared to the action and pleaded, non-assumpsit. No bond was filed under § 3 of the act. At the trial of the cause on April 30, 1888, the plaintiff proved by bis own…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett:

Two personal actions appear to have been pending between the parties to this contention, at the same time and for the same cause of action. In the first suit, final judgment was entered for plaintiff before the second was called for trial.

The first action was commenced before Alderman Forney, from whose judgment defendants therein appealed, and filed their appeal to No. 46 of November Term 1885. On December 31, 1885, while that appeal was ponding, this suit, attachment under the act of 1869, was commenced. In August, 1887, more than eight months before it was…

2Cases cited2 opinions

  1. Brenner, Trucks & Co. v. MoyerSupreme Court of Pennsylvania · 1881
  2. Lieberman v. HoffmanSupreme Court of Pennsylvania · 1882

3Cited by15 opinions

  1. Rosenau v. City of New Brunswick and Gamon Meter Co.Supreme Court of New Jersey · 1968
  2. Kuzmiak v. BrookchesterNew Jersey Superior Court Appellate Division · 1955
  3. Hochberg v. Borough of FreeholdNew Jersey Superior Court Appellate Division · 1956
  4. Blessing v. T. Shriver and Co.New Jersey Superior Court Appellate Division · 1967
  5. Mahon v. American Cas. Co. of ReadingNew Jersey Superior Court Appellate Division · 1961

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