Bernheimer v. Stewart

Citations

• 53 Pa. Super. 533
• 1913 Pa. Super. LEXIS 215

Syllabus

<p>Attachment execution — Quashing writ — Junior attaching creditor— Irregularity in proceedings — Failure to file affidavit and recognizance— Act of June 16,1836, P. L. 755, secs. S3 and S3.</p> <p>A junior attaching creditor of corporate stock has no standing to demand that the writ of a senior attaching creditor of the same stock shall be quashed because the affidavit and recognizance required by-secs. 32 and 33 of the Act of June 16,1836, P. L. 755, had not been filed prior to the issuing of such writ, and this is especially the case where it appears that nó objection had been made to such irregularity by the defendant or the garnishee in the earlier writ, and that the junior creditor had not issued his writ until a year and a half after the date of the earlier writ, and then took judgment subject to the earlier writ and allowed the sale of the stock to be consummated without raising any question as to the validity of the senior writ.</p>