Philadelphia & Reading R. R. v. Snowdon

Citations

• 161 Pa. 201
• 28 A. 1067
• 1894 Pa. LEXIS 666

Syllabus

<p>Foreign attachment — Judgment—Appeal—Practice, S. O.</p> <p>Where a judgment has been entered in foreign attachment against the defendant for want of a sufficient affidavit of defence, the proper remedy of defendant is by appeal, and not by motion to strike off the judgment.</p> <p>Foreign attachment — Affidavit of defence — Act of May 25, 1887.</p> <p>It seems that under the procedure act of 1887 it is a grave question whether an affidavit of defence may not be required after tiro proceeding by foreign attachment has been converted into an action of assumpsit by a general appearance for the defendant.</p> <p>Appeal — Final judgment — Foreign attachment.</p> <p>The refusal of the court below to set aside the return to a writ of foreign attachment and to quash the writ is not a final judgment and is therefore not the subject of an appeal.</p>