Supreme Court of Pennsylvania, 1926

Jacobs v. Spring

Jacobs v. Spring
Supreme Court of Pennsylvania · Decided March 16, 1926 · Mosci-Izisker, Frazer, Walling, Simpson, Kephart, Sadler, Schaefer
132 A. 918; 286 Pa. 113; 1926 Pa. LEXIS 513

Jacobs v. Spring

Opinion of the Court

Per Curiam,

Plaintiff sued out a writ of foreign attachment against defendant, naming Joseph M. Brown & Co. as garnishee, and levied on defendant’s real estate in Allegheny County. The garnishee moved to quash the writ and dissolve the attachment on the ground that defendant was not a nonresident of Pennsylvania. The court below concluded, after hearing testimony, that defendant, who maintains a homestead and household in Allegheny County, although absent from the State for extended periods, had not lost her Pennsylvania residence, and thereupon quashed the writ and dissolved the attachment. Nonresidence of the defendant in the State is a requisite to the validity of a foreign attachment, and, since there is ample evidence to support the finding that defendant had a residence in Pennsylvania,

The order appealed from is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.