Poor v. Colburn
Supreme Court of Pennsylvania
Error to the Mayor’s Court of the City of Garbondale: No. 230, to January Term 1868. This was an attachment-execution, issued May 12th 1866, by J. M. Poor & Mills against Thomas Kelly, in which Floyd Col-burn, Joseph P. Colburn and Peter Summers were garnishees. On the 11th of May 1866, the plaintiffs obtained judgment in the Mayor’s Court against Kelly on a transcript from the docket of an alderman, and issued an attachment-execution, &c.
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Error to the Mayor’s Court of the City of Garbondale: No. 230, to January Term 1868. This was an attachment-execution, issued May 12th 1866, by J. M. Poor & Mills against Thomas Kelly, in which Floyd Col-burn, Joseph P. Colburn and Peter Summers were garnishees. On the 11th of May 1866, the plaintiffs obtained judgment in the Mayor’s Court against Kelly on a transcript from the docket of an alderman, and issued an attachment-execution, &c. To the attachment-execution both the defendant and the garnishees pleaded “ Nulla bona.” They objected on the trial to the regularity of the attachment,…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
Upon the trial of the attachment-execution in this case in the court below, the only issue was upon the plea of nulla bona, in which both the defendant and the garnishees joined. The question on that issue was simply whether there was any debt due the defendant by the garnishees or deposit of money made by him or of goods or chattéls pawned, pledged or demised, which was within the grasp of the process according to the Act of Assembly of June 16th 1836, § 35, Pamph. L. 767. Whether the process was regular or irregular was clearly aside…
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