Reed v. People's National Bank of Lebanon, Pennsylvania

The plaintiff, who was the owner of a claim against the defendant, the People's National Bank of Lebanon, Pennsylvania, commenced an action in the state of New York by levying an attachment upon the funds of the defendant in that state, upon the ground that it was a foreign corporation. The defendant, appearing specially for that purpose, moved to have the attachment vacated upon the ground that it was prohibited by the Revised Statutes of the United States. At special term the motion was denied; the appellate term reversed the judgment of the special term, and vacated the attachment. The court of appeals answered two questions certified to it by the appellate division, and affirmed the judgment of that court. The two questions propounded are as follows:

'1. Is the defendant exempt from attachment before judgment under § 5242, U.S. Rev. Stat. U.S.C.omp. Stat. 1901, p. 3517?

'2. Are the rights claimed by plaintiff, to attachment against the defendant before judgment, and to the jurisdiction thereby acquired, preserved and given by § 4 of the act of Congress of July 12, 1882?'

The court of appeals, in affirming the judgment of the court below, answered the first question in the affirmative and the second question in the negative. The case was then brought to this court upon writ of error.

Mr. James W. M. Newlin for plaintiff in error.

[Argument of Counsel from pages 555-556 intentionally omitted]

Messrs. Percy S. Dudley and George B. Woomer for defendant in error.

[Argument of Counsel from pages 556-557 intentionally omitted]

Mr. Justice Day delivered the opinion of the court: