Turner v. Larkin

Citations

• 12 Pa. Super. 284
• 1900 Pa. Super. LEXIS 234

Syllabus

<p>Appeal — Foreign attachment — Quashing writ on extrinsic evidence — Presumption of regularity.</p> <p>A court of record may quash or dissolve a writ of foreign attachment on extrinsic evidence, which cannot be put on the record, and when it so acts the presumption on appeal is that everything was done rightly and according to law. All that is brought up for review on an appeal from an order quashing a writ is the record, and the affidavits and depositions read on the hearing of the motion are not part of the record.</p> <p>Foreign attachment — Motion to quash — Special and general appearances defined.</p> <p>A party may appear specially for the purpose of stating an objection without thereby waiving it; he may employ counsel for the purpose of a rule to quash a foreign attachment, and when the record shows that all counsel did which in any way can be regarded as an appearance was limited to taking depositions in support of his rule to quash, the fact that counsel signed the order for taking depositions as attorney for defendant cannot be construed as a general appearance, nor will such effect be given to the fact that the petition for the rule to quash contained a recital of a nonjurisdiotional reason ‘ ‘ that no statement or declaration had been filed ” when the moving reason assigned was residence of defendant within the state.</p>