Hagy v. Hardin

Citations

• 186 Pa. 428
• 40 A. 804
• 1898 Pa. LEXIS 1022

Syllabus

<p>Attachment execution — Garnishee's answer.</p> <p>A garnishee’s answer is not to be construed with the same strictness as an affidavit of defense. For insufficient answers, plaintiff may except or demur; but judgment cannot be entered against the garnishee, unless lie expressly or impliedly admits his indebtedness and liability so distinctly as to leave no doubt.</p> <p>Judgment was entered against a plasterer who had a contract to do t.he plastering in a building operation. The builder was summoned as garnishee. He denied any indebtedness. He averred that he had a contract with the plasterer who was to do the plastering for a certain sum, seventy per cent of which was to be paid as the work progressed, and the balance, thirty per cent, when the work was fully completed; that it was agreed that if the plasterer failed to complete the work the builder should, on notice, have the right to employ another plasterer, in which case nothing should be demandable by the plasterer until the work should have been finished ; that prior to the service of the attachment the builder had notified the plasterer to complete the work, but the latter had neglected to do so; that by that time winter had set in, and, as it was not safe to do such work in freezing weather, its completion was necessarily deferred until the next season after service of the attachment. Held, (1) that it was error to enter judgment against the garnishee upon his answers ; (2) that it was for a jury to determine whether there was any balance due by the garnishee.</p>