Adlum v. Yard
Supreme Court of Pennsylvania
Error to the District Gourt for the city .and county of Philadelphia, in a Scire Facias against the defendant in error as garnishee in a foreign attachment. A writ of foreign attachment, at the suit of John Adlum, the plaintiff in error, against Edward Stevens, was issued, and laid in the hands of James Yard, the defendant in error.
Read the full summary
Error to the District Gourt for the city .and county of Philadelphia, in a Scire Facias against the defendant in error as garnishee in a foreign attachment. A writ of foreign attachment, at the suit of John Adlum, the plaintiff in error, against Edward Stevens, was issued, and laid in the hands of James Yard, the defendant in error. After judgment had been entered in the attachment, a Scire Facias was issued against Yard, as garnishee, and several sets of interrogatories filed in succession, to all of which he gave answers upon oath. When the trial came on in the District Court, his answers…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Under the act of 1705, the case of the garnishee was exactly that of any other defendant, the burthen of proof resting exclusively on the plaintiff. But under the act of 1789, his position is entirely changed; being held liable in the first instance, and till he purge himself on oath. His situation, therefore, is not that of a witness, or a respondent in equity; nor is his answer, when used against him, to be used as evidence originally adduced by the plaintiff. Like a deposition which has passed publication in chaneery, it is in evidence…
2Cited by56 opinions
- Owens v. RushCourt of Appeals for the Tenth Circuit · 1981
- Austin v. LoringSupreme Court of Missouri · 1876
- Beeson v. BeesonSupreme Court of Pennsylvania · 1848
- Deford v. MercerSupreme Court of Iowa · 1867
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
51 more not listed; retrieve them via the Exa API.