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FALK & CO. v. SO. TEXAS COTTON OIL CO.

368 Pa. 199 (1951)

Falk & Company v. South Texas Cotton Oil Company, Appellant.

Supreme Court of Pennsylvania.

June 27, 1951.

Attorney(s) appearing for the Case

John G. Buchanan, with him Milton W. Lamproplos and Smith, Buchanan & Ingersoll, for appellant.

John A. Metz, Jr., with him Charles H. Sachs, Sachs & Caplan and Metz & Metz, for appellee.

Before DREW, C.J., STERN, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE BELL, June 27, 1951:

South Texas Cotton Oil Company, one of the defendants, took this appeal (pursuant to the Act of March 5, 1925 P.L. 23 § 1, 12 P.S. § 672) from the order of the court below discharging its rule to quash a writ of foreign attachment. The ground or basis of the court's decision was that the issue of title (to the proceeds of several drafts) could not be decided preliminarily on a rule to quash. Because the nature...

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