Public-domain · open source
OpenJurist

149 Pa. 106

Spencer v. Bloom

Supreme Court of Pennsylvania

Decided May 2, 1892

Supreme Court of Pennsylvania · decided 1892-05-02

Appeal, No. 96, July T., 1891, by plaintiffs L. W. Spencer et al., trading as L. W. Spencer & Co., from judgment of C. P., Clearfield Co., May T., 1891, No. 362, quashing attachment against defendant, Robert Bloom. Appeal by defendant from the judgment of a justice of the peace on attachment under the act of July 12, 1842.

Cited by 3 later decisions — most recently October 1926

3 state decisions

Relies on Gosline v. Place · Berger v. Smull & Sons

Good law ✅— No negative treatment on recordhow we know

Decided 1892-05-02

View the full empirical analysis of this case →

¶1Opinion by

Mr. Chiee Justice Paxson,

¶2The affidavit in this case, upon which the attachment was issued, is more specific than that in Gates v. Bloom decided herewith. [The next case.] It charges the fraud in the language of the act of 1842, which would seem to be sufficient, under the authority of Gosline v. Place, 32 Pa. 520, where it was held: “ That it is sufficient that the affidavit set forth a case of fraud in general terms ; it is enough, in the first instance, that it show probable cause to the satisfaction of the judge, for, on the hearing, the defendant may, on oath, deny all the allegations, and demand full proof of the facts: ” See also Berger v. Smull, 39 Pa. 302. We think the affidavit was sufficient to give the justice jurisdiction. The jurisdiction having properly attached it was error to quash the attachment. Mere irregularities cannot be taken advantage of on the appeal. The remedy in such cases is by certiorari.

¶3The judgment is reversed, and a procedendo awarded.

/149/pa/106 · .json · Public domain