Glazier v. Jacobs

Citations

• 250 Pa. 357
• 95 A. 532
• 1915 Pa. LEXIS 950

Syllabus

<p>Practice, C. P. — Attachment execution — Garnishee—Debt accruing after service of writ — Capital stock — Judgment—Irregular judgment.</p> <p>1. A writ of attachment execution duly served upon a garnishee will bind debts owing by the garnishee to the defendant, accruing after the service of the writ and prior to the filing of answers to interrogatories.</p> <p>2. Where a garnishee in its answers to interrogatories admits that the defendant held a certain number of shares of stock in the garnishee company, which shares were then outstanding, the process issued arrests the stock in the hands of the garnishee to await levy and execution by the plaintiff, but a money judgment may not be entered for the value of the stock. The purpose of such process is only to clear the way for a subsequent fi. fa., by settling and determining in advance, whether the judgment debtor is in fact the real owner of the stock, or what his interest therein is, and whether the stock is subject to a charge of lien upon the title.</p> <p>3. A writ of attachment issued out of a Common Pleas Court against defendants, summoned a coal and mineral company as garnishee. In its answers to interrogatories, the garnishee admitted that the defendant was the holder of certain shares of stock of the company and that certificates for such shares had been issued in his name and were still outstanding, and by supplemental answer admitted that since the service of the writ the garnishee had paid in cash to the judgment debtor $910.31, to reimburse him for money advanced at different times subséquent to the attachment, as an official of the company, to pay current expenses. After trial the attachment was sustained as to the cash paid by the garnishee, and as to 650 shares of the garnishee’s stock, which was found to be of the value of $2 a share, and judgment was entered against the garnishee for $910.31, and for the value of the stock $1,210. Held, the judgment was correct as to $910.31, but erroneous as to $