Commonwealth v. Sisler

Citations

• 196 Pa. 147
• 46 A. 420

Syllabus

<p>Attachment under the act of 1869 — Bond — Defense—Prosecution of action.</p> <p>In an action upon a bond given in attachment proceedings under the act of 1869 to enable the defendant to retain possession of the goods attached, an affidavit of defense is insufficient which merely avers that the attachment proceedings had not been fully ended by a trial to determine whether there was fraud, where the record shows that the court on motion had refused to dissolve the attachment; such action of the court determines the question of fraud.</p>