12 Pa. Super. 284 | Pa. Super. Ct. | 1900
Opinion by
It is well settled that the court of common pleas has power to dissolve, and according to some precedents, to quash, a writ of foreign attachment upon proof of facts which are not disclosed by the record, as, for example, that the defendant is a resident of the state or that the property is not liable to foreign attachment. It is equally well settled that where a court of record may quash or dissolve on extrinsic evidence, which cannot be put on the record, the presumption on appeal is that everything was done rightly and according to law. All that is brought up for review on an appeal from an order quashing the writ is the record, and the affidavits and depositions read on the hearing of the motion are not part of the record. See Nicoll v. McCaffrey, 1 Pa. Superior Ct. 187, and cases there cited, Little v. Balliette, 9 Pa. Superior Ct. 411 and First Nat. Bank v. Crosby, 179 Pa. 63.
The second reason urged in support of the plaintiff’s contention is, because the order for the entry of the rule for deposiinto on behalf of the defendant contained the words, “ attorney for defendant.,” as an addition by E. H. Hall, Esq., to his name. By the rules of court in Delaware county appearances, de bene esse, are not permitted, and on the hearing of rules to show cause, where matters of fact are to be investigated, witnesses will not be examined at bar, except by special order, but
The order is affirmed and the appeal dismissed at the costs of the appellant.