Opinion
April 14, 1960.
April 26, 1960.
Foreign attachment — Jurisdiction — Preliminary objections — Appellate review.
In this case, in which it appeared that an action in assumpsit was initiated by plaintiff with the issuance of a writ of foreign attachment directed against funds held by the garnishee, and that defendants' preliminary objections alleging lack of jurisdiction were dismissed, with direction to answer on the merits, the order was affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 129, April T., 1959, from order of Court of Common Pleas of Cambria County, Dec. T., 1958, No. 531, in case of John A. Christoff v. United Mine Workers of America Welfare and Retirement Fund of 1950 et al. Order affirmed.
Assumpsit initiated by issuance of writ of foreign attachment.
Order entered dismissing defendants' preliminary objections, before McKENRICK, P.J., GRIFFITH and McDONALD, JJ., opinion per curiam. Defendants appealed.
Thomas A. Swope, and Shettig, Swope Shettig, for appellants. Alexander Unkovic, and Kountz, Fry Meyer, for appellants, appearing specially and de bene esse.
Edward Solomon, Jr., for appellee.
Submitted April 14, 1960.
This is an action in assumpsit initiated by plaintiff with the issuance of writ of foreign attachment directed against funds held by the garnishee. Defendants' preliminary objections alleging lack of jurisdiction were dismissed, with direction to answer on the merits. See Myhalyk v. Lewis, 398 Pa. 395, 158 A.2d 305; Stampolis v. Lewis, 186 Pa. Super. 285, 142 A.2d 348.
The order is affirmed.