245 Pa. 567 | Pa. | 1914
The rule to show cause why the foreign attachment issued in this case should not be dissolved was made absolute for the reason that the affidavits to the cause of action were not positive. As early as 1789 it was decided in Miltenberger v. Lloyd, 2 Dallas 79, that foreign attachments would be dissolved, if under the same circumstances, in the case of a capias, common bail would be ordered. In Jacoby v. Gogell, 5 Sergeant & Rawle 450, it was held that it was not sufficient for a plaintiff in a foreign attachment to swear to facts from which a. jury might or might not infer a contract and that the oath must be- positive as to the making of the contract or to facts from which a contract would be necessarily
The order appealed from is affirmed.