Potts v. Harmer

Citations

• 19 Pa. Super. 252
• 1902 Pa. Super. LEXIS 78

Syllabus

<p>Attachment execution — Answers to interrogatories.</p> <p>Where answers to interrogatories in an attachment execution have not been filed within fifteen days as required by rule of court, but a rough copy of the answers is submitted to the plaintiff’s counsel, who requests that more detailed information should be given, and this request is contained in a letter addressed to the garnishee’s counsel, the plaintiff will be deemed to have waived the rule of court, and the garnishee is entitled to a reasonable time to obtain the information which was requested. If in such a case judgment is entered by default ten days after the date of the letter to garnishee’s counsel, and three days thereafter answers are filed showing on their face an amount due much less than that for which judgment was entered, the judgment will be opened.</p> <p>On an appeal from an order making absolute a rule to strike off a judgment entered by default against a garnishee, the appellate court in affirming the order will.amend it so as to read “judgment opened” where the counsel for the garnishee admit that the rule was substantially a rule to open the judgment and have an issue brought to trial.</p>