Mackey v. Hodgson
Supreme Court of Pennsylvania
In error from the Common Pleas of Chester. Jan. 4. — This was an action of debt on a bond of Hodgson, the defendant, to the plaintiff. The defendant showed a foreign attachment at the suit of Sherer against one David Mackey, in which the sheriff was commanded to attach all moneys due on obligations in the name of Mary Mackey, the present plaintiff. The debt claimed in that action was $1,000, and the process was served.
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In error from the Common Pleas of Chester. Jan. 4. — This was an action of debt on a bond of Hodgson, the defendant, to the plaintiff. The defendant showed a foreign attachment at the suit of Sherer against one David Mackey, in which the sheriff was commanded to attach all moneys due on obligations in the name of Mary Mackey, the present plaintiff. The debt claimed in that action was $1,000, and the process was served. This attachment was finally settled by the defendant there, and the questions below were: first, whether the present defendant was liable for interest on so much of his debt as…
1Opinion of the CourtRogers, J.
It is a general rule that a garnishee in a foreign attachment is not liable for interest pending the attachment. The exceptions to the rule are fraud or collusion of the *470garnishee, or any unreasonable delay caused by his conduct. And the general rule prevails, whatever may be the event, as it is impossible for him to predict the issue of the attachment suit. Let a foreign attachment be determined which way it may, the garnishee is excused from paying interest in the mean time: Serg. on Att. 115, 169; Fitzgerald v. Caldwell, 2 Dall. 215; 1 Y. 280. He is brought into court by compulsion, and…
2Cases cited2 opinions
- Fitzgerald v. CaldwellSupreme Court of Pennsylvania · 1793
- Fitzgerald v. CaldwellSupreme Court of the United States · 1793
3Cited by5 opinions
- Barnes v. BambergerSupreme Court of Pennsylvania · 1900
- Fitzgerald v. CaldwellSupreme Court of Pennsylvania · 1793
- Clement v. CourtrightSuperior Court of Pennsylvania · 1898
- Powers v. SlatterySupreme Court of Pennsylvania · 1938
- Werden Lumber Co. v. Norfolk & Western Railway Co., Pennsylvania Court of Common Pleas, Philadelphia County1925