Wing v. Bradner

Citations

• 162 Pa. 72
• 29 A. 291
• 1894 Pa. LEXIS 943

Syllabus

<p>Foreign attachment — Affidavit of defence — Appearance—Practice, O. P.— Act of June 13, 1836 — Act of May 25, 1887.</p> <p>Under the act of 'May 25, 1887, P. L. 271, an affidavit of defence is required in an action of assumpsit commenced by foreign attachment where the defendant has entered a general appearance.</p> <p>Action upon foreign judgment — Affidavit of defence.</p> <p>In an action upon a foreign judgment begun by a foreign attachment an affidavit of defence is required to prevent judgment, where the defendant has entered a general appearance.</p> <p>Assignment for the benefit of creditors — Foreign attachment — Nonresidents — Priority of lien.</p> <p>Where plaintiff and defendant in a foreign attachment both reside in another state,and the defendant has there made a deed of assignment for the benefit of creditors, which has been duly recorded, or of which the plaintiff had notice, he cannot afterwards bring foreign attachment in this state and thus obtain a preference over the general creditors in the state of the residence of both the parties, but this is a matter which affects the regularity of the attachment and is cured by a general appearance and defence made.</p> <p>In such a case where an appearance is entered and judgment obtained, the plaintiff does not obtain any priority of lien on the property attached, as the title to such property has already passed to the assignee in the other state.</p>