McGeary v. Huff

Citations

• 31 Pa. Super. 401
• 1906 Pa. Super. LEXIS 227

Syllabus

<p>Attachment execution — Answers of garnishee — Judgment.</p> <p>It is a rule of practice of the court, intended for the protection of garnishees against the claims of those whose funds or effects they have in hand, never to render a judgment against them upon answers filed, unless those answers contain either a distinct admission of funds in possession, or of such facts as leave the possession of such funds a mere inference of law.</p> <p>An answer of a bank summoned as a garnishee in an attachment execution is sufficient to prevent judgment, if it discloses that the bank has in its possession certain moneys deposited by the defendant, and standing in an account to his credit,' but declares in terms that the garnishee is unable to state whether this money belonged to the defendant or to other persons, the garnishee having been expressly notified that the money did, in fact, belong to other persons and not to the defendant.</p> <p>Attachment execution — Judgment—Appeals—Right of defendant to appeal.</p> <p>Where an attachment execution has been served both upon the defendant and the garnishee, and both appear, and judgment has been entered against the garnishee on answers held to be insufficient, the defendant may maintain an appeal from the judgment, although he filed no plea, eo. nomine, but simply a petition asking the dissolution of the attachment on the ground that the money covered by. the attachment did- not belong to him, but belonged to other persons.</p>