Glenny v. Boyd

Citations

• 26 Pa. Super. 380
• 1904 Pa. Super. LEXIS 323

Syllabus

<p>Foreign attachment — Judgment—Effect of judgment — Alias writ — Appearance.</p> <p>A pending foreign attachment in which no appearance has been entered by the defendant, is as between the plaintiff and defendant a proceeding in rem ; a judgment entered in such a case binds only the property attached, or, to speak more accurately, only the interest of the defendant in the property attached, under the Act of June 13, 1846, P. L: 568, and the statute provides no process for the collection of the claim out of property of the defendant not bound by the original attachment.</p> <p>When a garnishee named in the original writ in foreign attachment has not been served, an alias writ may be issued for the purpose of carrying on the proceedings against the property which has already been indicated as its object; but the plaintiff cannot by virtue of the alias writ take any property of the defendant which was not bound by the original writ.</p> <p>An alias writ of foreign attachment which names as garnishees persons other than those mentioned in the original writ will be quashed, where it appears that the original writ had been served upon the garnishees therein named. An appearance of the defendant for the sole purpose of having the alias writ quashed and of setting aside the judgment thereon, will not have the effect of an appearance before judgment.</p>