Martin v. Throckmorton

Citations

• 15 Pa. Super. 632
• 1901 Pa. Super. LEXIS 401

Syllabus

<p>Foreign attachment — Answer of garnishee — Judgment.</p> <p>The answer of a garnishee is not to be construed with the same strictness as an affidavit of defense, but where such answer contains either a distinct admission of funds in possession, or of such facts as leave the possession of such funds a mere inference of law, the proper course is to enter judgment against the garnishee upon his answer.</p> <p>Attorney at law — Attachment execution — Counsel fee — Costs.</p> <p>An attorney at law who has collected a fund for a client, and has been summoned as a garnishee in a suit against his client, has the right to retain out of the money in his hands compensation for the services rendered by him as counsel in the particular proceeding in which he received that fund, together with the amount of the costs by him in that proceeding expended.</p> <p>An attorney at law who has in any proceeding collected money for his client cannot set off against his client’s claim for that money a claim due him for services as counsel in any proceeding other than that out of which the money came, unless the client has expressly agreed that the fund shall be so appropriated; nor can he retain out of money collected for his client as an individual compensation for his services rendered to the client as a trustee without establishing an agreement upon the part of the client that the money, should be so retained.</p> <p>Where an attorney at law has collected a fund for a client, and has been summoned as garnishee in a suit against the client, he cannot claim out of the fund in his hand for services in other proceedings than that out of which the money came, or for services rendered to the client acting as a trustee, unless he shows by his answer that his client had so agreed. If his answer fails to set forth such an agreement, judgment will be entered against him.</p> <p>Foreign attachment — Payment after service of writ.</p> <p>A claim by a garnishee that a payment which he had made to