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· 5/6/1889

Williamson v. McCormick

Citations

  • 126 Pa. 274
  • 17 A. 591
  • 1889 Pa. LEXIS 868

Syllabus

<p>1. A writ of attachment under the act of March 17, 1869, P. L. 8, must be made returnable on the first return day after the issuing thereof; if made returnable to the next term, and a return day authorized by a special act of assembly intervenes, the writ will be quashed.</p> <p>2. Defective service, or even the non-service of a regular writ, may be cured by a general appearance; but a writ made returnable at a time not authorized by law, is essentially illegal, and if the fact be promptly brought to the attention of the court, it will be so treated.</p>

Judges: Clark, Green, Mitchell, Paxson, Stebbett, Sterrett

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