Bergman v. Straus

Citations

• 264 Pa. 439
• 107 A. 810
• 1919 Pa. LEXIS 672

Syllabus

<p>Appeals — Interlocutory orders — Foreign attachment■ — Act of April 26, 1917, P. L. 102.</p> <p>1. Interlocutory orders are not the subject of review until after final judgment, unless expressly made so by statute. ■</p> <p>2. Quaere does the Act of April 26, 1917, P. L. 102, allowing an appeal from an order quashing or refusing to quash a writ of foreign attachment, apply to an order refusing to quash the attachment itself.</p> <p>Amendments — Benefits of an improper allowance — Estoppel.</p> <p>3. One who takes a benefit under an amendment cannot after-wards complain that the amendment was improperly allowed.</p> <p>Foreign attachment — Amendments—Parties—Practice, C. P.— Dissolution — Act of June IS, 18S6, P. L. 588.</p> <p>4. One who is made a defendant by amendment and as such enters security and dissolves a foreign attachment under Section 62 of the Act of June 13, 1836, P. L. 583, allowing defendants so to do, cannot afterwards complain that the amendment was improperly allowed.</p> <p>5. An objection to a writ of foreign attachment that there is no such corporation defendant as is named in the writ, will not be sustained if the party making it has been substituted as defendant in place of the corporation, and has taken advantage of a right given only to defendants.</p> <p>6. A foreign attachment which has been dissolved by the entry of security has ceased to exist, and cannot thereafter be quashed.</p> <p>7. When a defendant enters security and dissolves a foreign attachment the action must proceed in due course in like manner as if commenced by a writ .of capias ad respondendum, and the writ cannot thereafter be quashed.</p>