Wanamaker & Brown v. Muldoon

Citations

• 47 Pa. Super. 114
• 1911 Pa. Super. LEXIS 122

Syllabus

<p>Attachment execution — Judgment on answers — Trusts and trustees.</p> <p>1. A judgment cannot be entered against a garnishee in an attachment execution issued against him individually, where he denies in his answers all individual liability, and states that he was trustee of a mortgage for a decedent of whom the defendant in the execution was an heir at law, but that this mortgage had been paid in full and satisfied, and that he had not in his hands any moneys accruing from said mortgage; nor can judgment be entered against the mortgagor summoned as garnishee where she avers in her answers that the mortgage had been fully paid and had been satisfied of record by the heirs at law of the decedent before the attachment issued.</p> <p>2. A garnishee’s answer is not to be construed with the same strictness as an affidavit of defense. A 'gárnisheeis hot bound to set forth specifically and at length the nature and character of his defense to the attachment. He is only required to answer the interrogatories that may be submitted to him. Judgment cannot be entered against him unless his answers contain either a distinct admission of funds in possession, or of such facts as leave the possession of such funds a mere inference of law.</p>