Sailor Planing Mill & Lumber Co. v. Moyer

Citations

• 35 Pa. Super. 503
• 1908 Pa. Super. LEXIS 73

Syllabus

<p>Attachment under fraudulent debtors’ act — Intervention—Parties— Discretion of court — Interlocutory order — Appeals—Acts of March ,17, 1869, P. L. 8, and May 24,1887, P. L. 197.</p> <p>An order permitting a pérson to intervene in an attachment under the fraudulent debtors’ Act of March 17,1869, P. L. 8, and its supplement, is within the discretion of the court; but the intervenor will be restricted to such course only as may be necessary to protect his own interest. He will not be permitted to raise technicalities and strike down the action.</p> <p>The intervene^ must take the suit as he finds it. He is bound by the record of the case at the time of his intervention. If he claims property in controversy, he can interfere only so far as it is necessary to prove his right to'it. '</p> <p>An order permitting a person to intervene in an attachment under the fraudulent debtors' act is not a final order from which an appeal lies; but an order dissolving the attachment where the defendant has not been served and has not appeared, ends the suit, and from such an order the plaintiff may take an appeal.</p>