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· 4/6/1896

Underhill v. McManus

Citations

  • 175 Pa. 39
  • 34 A. 308
  • 1896 Pa. LEXIS 1202

Syllabus

<p>Attachment under act of March 17, 1869 — Foreign attachment — Priority —Time—Fraction of day.</p> <p>Preference is to be given in distribution to an attachment under the act of March 17, 1869, P. L. 8, over a foreign attachment which went into the hands of the sheriff and was served the same day, but after the former had been served.</p> <p>An attachment under the act of March 17, 1869, was left with the sheriff at 10: 30 a. m., and served upon the garnishee at 10:55 a. m. same day. On the same day a writ of foreign attachment was left with the sheriff at 11:13 A. m., and served upon the same garnishee at 2:50 p. m. Held, that the plaintiff in the attachment under the act of March 17, 1869, was entitled to priority over the foreign attachment.</p>

Judges: Dean, Green, McCollum, Mitchell, Sterrett

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