Malone v. Riedenauer

Citations

• 231 Pa. 417
• 80 A. 885
• 1911 Pa. LEXIS 859

Syllabus

<p>Attachment execution — Trial—Question for jury — Evidence.</p> <p>On the trial of an attachment execution where it appears that the garnishee has denied in his pleadings possession of any property of the defendant in the judgment, and at the trial the evidence is conflicting as to whether he has or not any property of the defendant in his possession, it is error for the court to instruct the jury to find a verdict for the plaintiff, and to determine merely how much money of the defendant was in the hands of the garnishee at the time the writ went out. In such a case it is for the jury and not for the court to determine whether the garnishee has any money of the defendant, and if he has, how much the amount is.</p>