Barnes v. Bamberger

Citations

• 196 Pa. 123
• 46 A. 303
• 1900 Pa. LEXIS 486

Syllabus

<p>Foreign attachment — Interpleader—Affidavit of defense.</p> <p>Where a garnishee in a foreign attachment disclaims all interest in the funds in his hands, and petitions for an interpleader between the plaintiffs in the foreign attachment and a person claiming the fund by assignment from the defendants in the foreign attachment, the request for an inter-pleader should be granted without requiring the money to be paid into court. •</p> <p>The interpleader act does not contemplate a payment of the money into court and a disposition of the controversy by the court without a jury.</p> <p>Foreign attachment — Interest—Costs.</p> <p>A garnishee in an execution attachment is not liable for interest on the money in his hands due the defendant therein while the action is pending; and in all attachment cases a garnishee without fault recovers costs.</p>