Reichner v. Reichner

Citations

• 237 Pa. 540
• 85 A. 877
• 1912 Pa. LEXIS 963

Syllabus

<p>Appeals — Assignments of error — Motion for judgment n. o. Act of April 22, 1905, P. L. 286 — Act of March 24, 1877, P. L. 88. 1. An appeal from a refusal of plaintiff’s motion for judgment n. o. v. is defective which sets forth' neither the motion nor the order of court.</p> <p>2. Under the Act of April 22, 1905, P. L. 286, a party has a right to move for judgment n. o. v. upon the whole record only where he has presented a written point requesting binding instructions which has been reserved or declined. An oral motion for binding instructions is insufficient.</p> <p>Execution — Attachment execution — Defense by garnishee — Act of June 16, 1886, P. L. 755.</p> <p>3. Generally the garnishee in an attachment execution may make any defense against the plaintiff in the writ that he could have made against his original creditor. The judgment in the attachment establishes only the existence of the debt due the plaintiff by his immediate debtor. The plaintiff stands in no better position as to the thing attached than does his debtor, and any defense good against the latter will prevent a recovery against the garnishee.</p> <p>Assignment for benefit of creditors — Agreement between debtor and creditor.</p> <p>4. Where a creditor agrees in writing with his debtor that the latter shall apply the funds due the creditor to the payment of indebtedness to a third party for which the creditor was primarily liable, and the debtor secondarily liable, such an agreement cannot be construed as an assignment by the creditor for the benefit of his creditors.</p> <p>Evidence — Decree of Orphans’ Court.</p> <p>5. A decree of the Orphans’ Court awarding to a creditor his claim against the decedent’s estate is prima facie evidence of the correctness of the claim in other proceedings.</p>