McCallum v. Morris

Citations

• 179 Pa. 427
• 36 A. 231
• 1897 Pa. LEXIS 660

Syllabus

<p>Attachment execution — Garnishee's answers to interrogatories.</p> <p>A garnishee’s answer to interrogatories will not be construed w'ith the same strictness as an affidavit of defense, and it need not set forth specifically and at length the nature and character of his defense, but only such facts as are material to the admission or denial of indebtedness to the defendant.</p> <p>A garnishee is not bound to submit to every conceivable question ; and where he refuses to answer a question because either he or his counsel thinks it is improper or immaterial, he is' entitled to instruction from the court before judgment is entered against him.</p> <p>Attachment execution — Transfer of negotiable note.</p> <p>In an attachment execution the garnishee in his answer to interrogatories admitted that he had purchased real estate from the defendant, and had given his note for the balance of the purchase money. He further averred that the note had been transferred by the defendant to a bona fide purchaser for value. He did not give the name of the transferee, but this was not specifically required by the interrogatories. Held, that the answer was sufficient to prevent judgment.</p>