Citation Numbers: 12 A.2d 558, 338 Pa. 452
Judges: OPINION BY MR. JUSTICE LINN, April 15, 1940:
Filed Date: 3/20/1940
Status: Precedential
Modified Date: 1/13/2023
This appeal is from the refusal to quash a writ of foreign attachment. The statute states that "A writ of foreign attachment . . . may be issued against the real or personal estate of: (a) any person not residing within this Commonwealth . . ." Section 44 of the Act of 1836, P. L. 568, as amended, 12 PS section 2891. One of the purposes of proceeding by foreign attachment is to obtain the appearance of a nonresident defendant. It is therefore necessary to aver that the defendant whose property it is proposed to attach is a nonresident. The averment in the affidavit of cause of action on which the writ issued states that the defendant "is at the present time, to the best of plaintiff's knowledge, residing at Myrtle Beach, in the State of South Carolina, her address being P. O. Box No. 127, Myrtle Beach, South Carolina, and has no place of business, office or agent within the State of Pennsylvania where or upon whom process may be served." All of that may be true and yet the defendant may be a resident of Pennsylvania, temporarily out of the state; defendant may not have a "place of business, office or agent" and still not be a *Page 454
nonresident. The averment is insufficient: Raymond v. Leishman,
Order reversed and writ quashed.
Springfield Township Zoning Case , 399 Pa. 53 ( 1960 )
Levie v. Levie , 361 Pa. 214 ( 1949 )
Pa. Labor Relations Bd. v. Frank , 362 Pa. 537 ( 1949 )
Robinson v. Robinson , 362 Pa. 554 ( 1949 )
Gilbert Estate , 350 Pa. 13 ( 1944 )
Schuylkill Haven Borough Appeal , 179 Pa. Super. 508 ( 1955 )