Schueck v. Freeman

Citations

• 55 Pa. Super. 38
• 1913 Pa. Super. LEXIS 314

Syllabus

<p>Foreign attachment — Affidavit of cause of action — Supplemental affidavit — Practice, C. P.</p> <p>1. Where the plaintiff in a foreign attachment files with his praecipe an affidavit of cause of action, he may thereafter file a supplemental affidavit, if he does so before he is called upon to show cause of action. Eldridge v. Robinson, 4 S. & R. 548, distinguished.</p> <p>2. An averment in an affidavit of a cause of action in foreign attachment “that the defendants are not residents of the commonwealth of Pennsylvania,” is not a sufficient averment that defendants were nonresidents of the commonwealth or were not in the commonwealth at the time of the issuing of the writ.</p> <p>3. Upon the hearing of a rule to quash a foreign attachment the court has jurisdiction to inquire into the question of residence, and'to receive proof bearing thereon; and as, ordinarily, the facts are not brought on the record, the general rule is that the action of the court in quashing the writ is not reviewable.</p> <p>4. A foreign attachment to recover for goods sold and delivered, and for commission on goods sold, will be quashed where the statement of demand does not set fortli the contract, or specify what goods were sold and delivered, nor what were the goods for the sale of which the plaintiff claimed a commission.</p>