Earle v. Pennsylvania, 178 U.S. 449 (1900)

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Earle v. Pennsylvania

No. 218

Argued April 11, 1900
Decided May 14, 1900
178 U.S. 449

ERROR TO THE SUPREME COURT

OF THE STATE OF PENNSYLVANIA

Syllabus

An attachment sued out against a bank as garnishee is not an attachment against the bank or its property, nor a suit against it within the meaning of section 8242 of the Revised Statutes.

When the Chestnut Street National Bank suspended and went into the hands of a receiver, the entire control and administration of its assets were committed to the receiver and the comptroller, subject, however, to any rights of priority previously acquired by the plaintiff through the proceedings in the suit against Long.

The state court had no authority to order execution in favor of the plaintiff of any dividends upon the money on deposit in the bank to Long’s credit at the time the bank was served with the attachment, and direct the sale of the shares of stock originally held by the bank as collateral security.

The case is stated in the opinion.