Buckman v. Somers

Citations

• 80 Pa. Super. 377
• 1923 Pa. Super. LEXIS 163

Syllabus

<p>Beal estate — Foreign attachment — Sheriff’s return — Sufficiency.</p> <p>Where real estate is attached under a writ of foreign attachment, it is the duty of the sheriff to make return that he left a copy of the writ with the tenant or other person in actual possession “holding under the defendant in the attachment” and summoned him as garnishee.</p> <p>The directions of the statue are mandatory and must be strictly pursued. A return of the sheriff which does not set forth these facts is insufficient and under such circumstances the writ will be set aside.</p> <p>Where on motion by the defendant to set aside the sheriff’s return for the foregoing reason the plaintiff requested that the sheriff be permitted to amend his return so as, to conform with the statutory requirements, but the request was not granted because the return was held sufficient, on reversing the court below, opportunity will be given the sheriff to amend his return to conform with the Act of June 13, 1836, P. L. 568, 581.</p>