Potter v. Graham

Citations

• 8 Pa. Super. 199
• 1898 Pa. Super. LEXIS 38

Syllabus

<p>Attachment act of 1869 — Appeals—Defective assignments — Absence of exceptions.</p> <p>Specifications of error are defective, which relate to the action of the court on interlocutory motions arising out of attachment proceedings under the act of 1869, relative to fraudulent debtors and the entry of final judgment, none of which is supported by exceptions of any kind so far as appears from the record.</p> <p>Practice, G. P. — Appeals—Motion to dissolve — Discretion of court.</p> <p>Proceeding by attachment is in the nature of a motion for summary relief addressed to the sound discretion of the court below, and an appeal does not lie from the action of the court refusing to dissolve the attachment, as that refusal is a matter of discretion.</p> <p>Testimony taken on the motion to dissolve is for the information of the court on that motion, and is not to be considered in the subsequent proceedings.</p> <p>Attachment act of 1869 — Entry of judgment — Review.</p> <p>An objection to the entry of final judgment in attachment proceedings. has no substantial basis where it appears that the plaintiff filed a statement under the practice act, and served notice thereof on the defendant, and no answer having been filed within the time fixed by the statute, judgr ment was duly entered for want of a sufficient affidavit of defense.</p>