Sargent v. Fuller

Citations

• 132 Pa. 127
• 19 A. 34
• 1890 Pa. LEXIS 778

Syllabus

<p>1. Where a judgment defendant is believed to be the real owner of shares of stock which are held in another name than his own, the creditor has the right to try the title thereto by proceedings in the nature of an attachment, under §§ 32, 33, act of June 16, 1836, P. L. 767.</p> <p>2. After judgment in such case for the garnishee, the attaching creditor, in the absence of allegation and proof of a malicious abuse of the process, is not. liable to the garnishee, in whose name the shares are hold, for a depreciation of the value thereof pending tbe attachment.</p> <p>3. Moreover, as in case of perishable property, an order might be made, pending the proceedings, for the sale of the shares; or, when they are held in the name of a wife, a motion to dissolve might bo successful, on a proper showing that the shares were of the separate estate of the wife: Per Mr. Chief Justice Paxson.</p>