Douglass-Whisler Brick Co. v. Simpson

Citations

• 233 Pa. 517
• 82 A. 760
• 1912 Pa. LEXIS 860

Syllabus

<p>Equity — Compliance with decree — Attachments—Summary arrest.</p> <p>1. The general rule is well settled that a writ of attachment for the summary arrest and imprisonment of a party in a civil proceeding for contempt in violating an order or decree cannot issue without such previous notice as will afford him an opportunity of being heard. Damnatus inauditus is contrary to the general principles of judicial procedure. Cases of extraordinary emergency may, however, sometimes arise, and when they do, a strict observance of the rule as to notice might defeat the ends of justice and lead to deplorable consequences. Such emergencies are very fare, but when they do occur, and satisfactory cause is shown, a court may, in the exercise of a sound discretion, dispense with notice and forthwith -award an attachment.</p> <p>2. A writ of attachment issued against a defendant for the purpose of compelling him to comply with a decree in equity, without previous personal notice to the defendant of the decree against him, and without a rule to show cause why it should not issue, but solely upon petition , of the plaintiff setting forth, inter alia, that, prior to the entry of the final decree against the defendant, he had absconded from the state; that he had absented himself from the state for the purpose of avoiding compliance with the decree; that he had recently come within the jurisdiction of the court, but was in hiding, and that his intention was td again leave the commonwealth for the purpose of avoiding compliance with the decree, is properly quashed upon motion made to vacate the order directing the attachment to issue where, upon full hearing, the plaintiff, though given the fullest opportunity, fails to establish any of the facts alleged in the petition as the basis of the right to the attachment.</p>