Wray v. Tammany
| Decision Date | 01 January 1852 |
| Parties | Wray versus Tammany. |
| Court | Pennsylvania Supreme Court |
The case was argued by McManus, for plaintiff in error. That an attachment may issue on a judgment, and that an award is a judgment. That the attachment given by the 35th section of the execution act of 16th June, is different from the ordinary execution or other process, meant by the 34th section of the arbitration act of 16th June 1836. It gives the defendant a day in court, it brings new parties on the record, it attaches debts in suit, and debts due defendants in the hands of third persons, &c. During the twenty days allowed for appeal, defendants may dispose of their property: 7 W. & S. 444; 5 Id. 102; 6 Barr 430.
Hale, contrà, refers to Woods v. Cannon, 6 Barr 430; Moore v. Risden, 5 Pa. Law Jour. 429; 4 Id. 471; 2 W. & S. 169; this proceeding is in the nature of an execution.
An attachment under the act of 1836 is process to enforce the judgment; and it is, in substance, if not in form, an execution. It differs from a fieri facias essentially only in this, that it reaches effects from which the debt could otherwise not be levied. It is usually called an attachment-execution; but whatever the name, it is within the spirit and purview of the statute.
Judgment affirmed.
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