Pasquinelli v. Southern Macaroni Mfg. Co.

Citations

• 272 Pa. 468
• 116 A. 372
• 1922 Pa. LEXIS 851

Syllabus

<p>Foreign attachment — Plaintiff attaching money in his own hands — Quashing writ — Irregularity in record, — Res adjudicaia— Measure of damage for breach of warranty — Acts of April 28, 1917, P. L. 102, and April 18, 1919, P. L. 72 — Appeals—Practice-Questions not raised below.</p> <p>1. The plaintiff in foreign attachment may attach money in his own hands, but, if for any sufficient reason the attachment can he shown to he void in law, it may he quashed.</p> <p>2. As a general rule writs of foreign attachment will not be quashed unless some fundamental irregularity appears in the record itself, and cases where this principle has been departed from will he found to present unusual features, which distinguish them from the rule as stated.</p> <p>3. A motion to dissolve a foreign attachment is the proper practice, where the suit may remain as a pending action notwithstanding defects in the record.</p> <p>4. A motion to quash the writ is proper, where the defects depended on are fundamental in character and such as put plaintiff completely out of court.</p> <p>5. Facts which will support a motion to quash the writ will sustain one to dissolve the attachment, but the reverse is not always true.</p> <p>6. An applicant to quash a writ may not aver simply a defense on the merits, or a good legal answer to the alleged debt itself, he must point to some defect in the record which renders the proceeding fundamentally irregular and void.</p> <p>7. If the most that is averred is a defense on the merits, or simply a good legal answer to the alleged debt itself, such a defense must be developed at the trial, unless an agreement on the facts, or something tantamount thereto, appears, which shows a case so fully developed that, if on trial, it would require binding instructions for defendant.</p> <p>8. Under the Acts of April 20, 1917, P. L. 102, and April 18, 1919, P. L. 72, the appellate court, on appeals from orders on motions to quash or dissolve foreign attachments, will exa