First National Bank v. Trainer

Citations

• 209 Pa. 387
• 58 A. 816
• 1904 Pa. LEXIS 636

Syllabus

<p>Attachment execution—Execution—Stock—Affidavit—Act of June 16, 1836, sec. 32, P. L. 755—Waiver of irregularity.</p> <p>After a plea of nulla bona in an attachment execution, the regularity of the process cannot be questioned; the plea is a waiver of such irregularity.</p> <p>Corporation stock, being a part of a block of stock standing in the name of a decedent, and bequeathed by him to a person for life and at her death to a nephew who was also executor, contingent upon the latter’s survival of the life tenant, cannot be attached during the life of the life tenant, by summoning the executor as garnishee in an ordinary writ of attachment execution for a personal debt of his own, without the precedent affidavit and recognizance prescribed by the 32d section of the act of June 16, 1836; but if the executor and garnishee does not move to quash the writ of attachment, but pleads nulla bona and goes to trial, he cannot after verdict and judgment against him treat the attachment as a nullity. In such a case he will be presumed to have waived the irregularity.</p>