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2 Miles 93

Moss v. Herring

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1837-05-06

THIS was an attachment of execution, with a clause in the nature of a scire facias, against Robert Taylor, under the 35th section of the act of 16th June, 1836, relating to executions. The praecipe was to make the writ returnable on the first Monday of June, 1837, but the writ was made out by the prothonotary returnable to the first Monday of April, 1837; being a monthly return day.

Decided 1837-05-06

Per Curiam.

¶1The 35th section of the act of 16th June, 1836, prescribes that the debtor, &e. (garnishee,) shall be required to appear “ at the next term of the court, or at such other time as the court from which such process may issue shall appoint.” (Stroud's Purd. tit. Execution.<) Here the writ was made returnable to a monthly return day, and not to the “ next term” of the court. This was the accidental mistake of the prothonotary, and leave is given to amend the writ by the praecipe, and the court appoint the day named in the prcecipe for the return of the writ.

¶2Rule absolute.

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