Lehigh Coal & Navigation Co. v. Skeele Coal Co.

Citations

• 265 Pa. 534
• 109 A. 160
• 1920 Pa. LEXIS 475

Syllabus

<p>Foreign attachment — Dissolution—Averments of Jurisdictional facts — Statement—Nonresidence—Foreign corporation — Property in county — Affidavit to show cause of action.</p> <p>1. It is error to dissolve a foreign attachment, quash the writ and strike off the judgment, on motion of the garnishee, on the ground that the statement did not contain averments as to non-residence and property of defendant in county, as required in an affidavit of cause of action, where it appears that no affidavit of cause of action had been called for, that the statement averred that the defendant was a New York corporation, and that the sheriff’s return showed property of defendant in the county.</p> <p>2. It is not required that plaintiff’s statement shall set out all the jurisdictional facts; this may be required on a rule to show cause of action, but the absence of such facts from the statement is not alone sufficient to prevent judgment for want of a sufficient affidavit of defense, where the existence of such facts is not denied.</p>