Hallowell v. Tenney Canning Co.

Citations

• 16 Pa. Super. 60
• 1901 Pa. Super. LEXIS 16

Syllabus

<p>Foreign attachment — Affidavit of cause of action.</p> <p>Upon a rule Lo show cause of action in foreign attachment, a positive affidavit must be filed such as would, if false, subject the affiant to indictment for perjury. The plaintiff’s unsworn statement of claim will not be looked to by the court to supply fatal omissions from the affidavit; nor will the court consider that physically attaching one paper to the other without more, will make the statement of claim a part of the affidavit of cause of action.</p> <p>The affidavit of cause of action ought to set forth the facts essential to the jurisdiction of the court to compel appearance by foreign attachment.</p> <p>Foreign attachment — Cause of action — Secoiid affidavit to supply defect of first — Discretion of court.</p> <p>Where the plaintiff in a foreign attachment files an affidavit of cause of action which is defective in not stating jurisdictional facts as to nonresidence of the defendant, and after the rule has been once on the argument list, and continued without a hearing, plaintiff files a second affidavit of cause of action identical with the first, with the exception of an additional averment as to nonresidence of defendant, the court is bound to consider the second affidavit, and it is not within its discretionary power to dissolve the attachment because of the insufficiency of the first affidavit.</p> <p>Appeals — Foreign attachment — Dissolution of attachment.</p> <p>The Superior Court may review the action of the court of common pleas in dissolving a foreign attachment upon a hearing of a rule to show cause of action.</p>