Wherry ex rel. Rosensteel v. Wherry

Citations

• 179 Pa. 84
• 36 A. 165
• 1897 Pa. LEXIS 607

Syllabus

<p>Practice, G. P. — Attachment execution — Subrogation—Equity.</p> <p>The attachment execution of an attachment creditor is his suit to reach the debt alleged to be due to his debtor, and is the only remedy to which the law entitles him. By that he gets a judgment against his debtor’s debtor, and an execution according to his judgment, and it is only in equity that he can claim subrogation to any of the collateral means held by his debtor for securing the debt attached.</p> <p>A creditor who attaches a judgment owned by his debtor, and obtains judgment against the garnishee, cannot subsequently, without having proceeded on his judgment against the garnishee, and without having obtáined a special order of court, mark the judgment in favor of his debtor to his own use and issue a scire facias thereon to revive it.</p>