Automatic Merchandising Co. v. Delaware & Hudson Co.

Citations

• 233 Pa. 581
• 82 A. 939
• 1912 Pa. LEXIS 874

Syllabus

<p>Common carriers — Justices of the peace — Attachment of goods — Void attachment — Act of June IS, 1874, P- L- @85.</p> <p>1. A common carrier which permits goods of another to be taken from its possession by a writ of attachment utterly void on its face, will be held liable to the owner for the value of the goods.</p> <p>2. A writ of attachment issued under the Act of July 12, 1842, P. L. 339, by a justice of the peace to a constable returnable seven days after the date of the writ (which shows on its face that it is for a claim of $400) is an invalid writ, and if the constable under such a writ is permitted to take goods from the possession of a common carrier, the latter will be liable to the owner for the value of the goods.</p> <p>3. In such a case the carrier is not protected by the Act of June 13, 1874, P. L. 285.</p>