Pancake v. Harris
This text of 10 Serg. & Rawle 109 (Pancake v. Harris) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the attachment Parleer the action is debt on the act of assembly; which is erroneous: the act is inapplicable to attachments. At present however, the declaration is the principal subject of consideration. This in its commencement pursues the form of a declaration in debt, but the body and conclusion are strictly in the form of a declaration in assumpsit for goods sold and delivered. The judgment in the attachment therefore not being for a liquidated sum, the plaintiff could recover nothing from the garnishee without having executed a writ of inquiry of damages; and the court was right in so directing the jury. The bill of exceptions to evidence not being sustained the judgment is affirmed.
Judgment affirmed.
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Cite This Page — Counsel Stack
10 Serg. & Rawle 109, 1823 Pa. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pancake-v-harris-pa-1823.