Wick v. Alworth

Citations

• 62 Pa. Super. 34
• 1916 Pa. Super. LEXIS 348

Syllabus

<p>Attachment execution — Executors and administrators — Service of writ outside of county — Statuies—Repeal—Acts of March 27, 185k, P- L. 21k, and July 9,1901, P. L. 61k.</p> <p>An attachment execution issued against the widow of a decedent in the county where the decedent resided at his death and served upon the widow, as administratrix, in ánother county where she resided, by the sheriff of such county, specially deputized, is a proceeding within the méaning of the Act of March 27, 1854, P. L. 214, and the plaintiff is a party in interest within the meaning of the act.</p> <p>The Act of July 9, 1901, P. L. 614, entitled “An Act relating to the service of certain process in actions at law and the effect thereof, and providing who shall be made-parties in certain writs,” repeals the Act of March 27, 1854, P. L. 214, entitled “An Act relative to bringing suits by creditors and others against executors, administrators, assignees and other trustees in certain cases,” etc., in so far as the former act related to the service of an attachment execution outside the limits of the county in which it was issued.</p> <p>A subsequent statute revising the whole subject matter of a former .one, and evidently intended as a .substitute for it, although it contains no express words to that effect, must, on the principals of law, as weE as in reason and common sense, operate to repeal the former.</p>