Hanscom v. Chapin

Citations

• 27 Pa. Super. 546
• 1905 Pa. Super. LEXIS 100

Syllabus

<p>Foreign attachment — Execution—Stay of execution — Practice, C. P.— Appeals.</p> <p>Where a person has attached in his own hands money which he owed the defendant, he cannot after judgment has been entered against himself in a suit by the creditor, have the execution stayed pending the disposition of the foreign attachment without paying or offering to pay into court, the amount claimed under the foreign attachment.</p> <p>Not decided whether an appeal is from an order discharging rule to stay execution pending a prior foreign attachment, where it only appears from matter without the record that the plaintiff in the attachment was the defendant in the execution.</p> <p>The general rule is that no appeal lies from the refusal to stay or set aside an execution, where the application is based on facts outside the record.</p>