Grieb v. Kuttner

Citations

• 135 Pa. 281
• 19 A. 1040
• 1890 Pa. LEXIS 1182

Syllabus

<p>1. The plaintiff at whose instance a warrant of arrest under the act of 12, 1842, P. L. 339, was issued, has a right to have an order quashing sueh warrant reviewed by the Supreme Court, but such review will be limited to the regularity of the proceeding as it appears upon the record.*</p> <p>2. If, after hearing testimony, the judge should discharge the defendant from arrest, his action would not bo reviewable; but when, without a hearing on the facts, or any action on the merits of the case, the warrant has been quashed on motion for matter of law appearing on the record, a question for review is presented.</p> <p>3. The object of a warrant of arrest under the act of 1812 and that of an attachment under the act of March 17, 1869, P. L. 8, being the same, to wit, t,o compel payment of a debt fraudulently contracted or evaded, but their mode of reaching it being entirely different, they are not exclusive of each other, and both may be necessary to give complete relief.</p> <p>4. A warrant of arrest may be issued in a suit begun by attachment under the act of 1869, when the attachment has failed to grasp sufficient property to satisfy the claim, or from any other cause has proved an inadequate remedy; and, if so issued, upon an affidavit averring such inadequacy, an order quashing it upon the ground that it would not lie in such a case, is error.</p>