Powell v. Spilane

Citations

• 58 Pa. Super. 547
• 1914 Pa. Super. LEXIS 350

Syllabus

<p>Attachment execution—Proof as to ownership of properly attached— Evidence—Case for jury,</p> <p>1. On the trial of an attachment execution where the garnishee claims the six horses attached, as his own property, the case is for the jury where the garnishee’s direct proof of ownership is met by testimony tending to show that the horses attached as the property of the defendant in the execution were advertised by the garnishee in the newspapers as the property of the defendant, and were pointed out as the defendant’s horses in the Sales stables of the garnishee.</p> <p>2. In such a case the testimony of the garnishee’s bookkeeper is properly excluded if it appears that he admitted his inability to identify the six horses in controversy, and that his only knowledge on the subject was what came to him through his keeping of accounts generally for the sales stables.</p>