Melloy's Sons v. Deal & Burtis

Citations

• 124 Pa. 161
• 16 A. 747
• 1889 Pa. LEXIS 1016

Syllabus

<p>1. If the plaintiff in foreign attachment have not filed a declaration before the return day of the writ, he may not take judgment against the defendant at or after the expiration of the third term, for want of an appearance : Foreman v. Sehricon, 8 W. & S. 43.</p> <p>2. As it is the right as well as the duty of a garnishee, to insist that no property or effects are taken out of his hands except upon valid process, he has also the right to move on behalf of the defendant to have a judgment improvidently entered stricken off.</p>