2 Miles 284
Pennsylvania Court of Common Pleas, Philadelphia County
Decided March 28, 1839
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1839-03-28
THIS was a foreign attachment with a capias clause, exacting bail in 1200 dollars, against William Graham, garnishee, founded on the following affidavit: “ William Fryer, being duly sworn according to law, says, that he verily believes, William Graham, the above named garnishee, has in his possession or care, money and effects of the defendants, and that the said William Graham is not an inhabitant of the county of Philadelphia.” The garnishee obtained a rule to show cause…
Decided 1839-03-28
¶1decided that the first objection was fatal, but Pettit, President, and Jones, X, gave no opinion as to the latter objection. Stroud, J., thought the grammatical construction of the act, required no part of what the plaintiff’s affidavit was to contain to be sworn to positively, though he stated that in reference to an analogous section of the same act, (section 4,) the Supreme Court in Kevins v. Merrie, 2 Wharton R. 499, had decided otherwise.
¶2Rule absolute.