Hall v. Knapp
Supreme Court of Pennsylvania
In Error. This was a writ of attachment, in execution, issued on a judgment, in favour of Amos Keeler, surviving partner of the late firm of Keeler & Freeman against John P. Farnum, with a clause of scire facias to George F. Knapp, as garnishee. Interrogatories having been filed by the plaintiff, and a rule obtained upon the garnishee, to answer, he filed his answers. A rule was subsequently granted on the garnishee to plead, who pleaded accordingly.
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In Error. This was a writ of attachment, in execution, issued on a judgment, in favour of Amos Keeler, surviving partner of the late firm of Keeler & Freeman against John P. Farnum, with a clause of scire facias to George F. Knapp, as garnishee. Interrogatories having been filed by the plaintiff, and a rule obtained upon the garnishee, to answer, he filed his answers. A rule was subsequently granted on the garnishee to plead, who pleaded accordingly. The defendant then arbitrated the case, and the plaintiff’s attorney suggested, in the record, the bankruptcy of plaintiff, and the suit was…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
It is an established rule, in the law of costs, by virtue of the statutes 4 Jac. 1, c. 3, and 8 & 9 Will. 3, c. 11, and others, that in all cases where the plaintiff would have costs, if he had recovered, the defendant shall have his costs if the plaintiff be nonsuited. Com. Dig. Costs, A. 5. The question then is, whether the plaintiff, in a scire facias against the garnishee in foreign attachment, who has filed interrogatories and obtained answers thereto from the garnishee, as to the money and effects in his hands, and is not content to…
2Cases cited3 opinions
- Respublica v. GriffithsSupreme Court of the United States · 1790
- Myers v. UrichSupreme Court of Pennsylvania · 1801
- Wood v. LudwigSupreme Court of Pennsylvania · 1820