Lansdale Trust & Safe Deposit Co. v. Smith

Citations

• 19 Pa. Super. 235
• 1902 Pa. Super. LEXIS 73

Syllabus

<p>Attachment — Execution—Mortgage and bond — Prima facie case.</p> <p>The plaintiff in an attachment execution has made out a prima facie case against the garnishee, who has pleaded nulla bona, where he offers in evidence even though he produces it from his own custody, a bond executed by the garnishee to the defendant, which bond appears upon its face to be due, unpaid, unassigned and still owing to the defendant. In such a case the fact that the plaintift has also offered in evidence answers of the garnishee to interrogatories in which garnishee denies liability to the defendant is not conclusive of the fact therein alleged that garnishee is not indebted to the defendant.</p>