Legal Opinion

Newlin v. Scott

Supreme Court of Pennsylvania

Decided July 1, 1856PublishedCited by 3 opinions

Error to the Common Pleas of Philadelphia. This was an attachment execution, issued by Eliza Scott to the use of Daniel Miller & Co. against James Grill, defendant, and Robert Newlin, garnishee.

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Error to the Common Pleas of Philadelphia. This was an attachment execution, issued by Eliza Scott to the use of Daniel Miller & Co. against James Grill, defendant, and Robert Newlin, garnishee. The garnishee filed answers to interrogatories propounded by the plaintiff, in which he admitted that he had in his hands $25, belonging to the defendant, at the service of the attachment upon him, out of which he claimed to retain the sum of $20 to pay counsel he had been obliged to employ in the case. The plaintiff ruled the garnishee to plead, and he entered the plea of nulla Iona. On the trial…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, J.

As between the plaintiff and the garnishee in attachment cases, the payment of costs is the penalty for false claim or false defence: 1 State R. 213; 5 Ser. & R. 447; 2 Dall. 113. The process against the garnishee is but a species of execution to collect from him, or from effects in his hands, a judgment against another person. If successful, the money made is, after deducting the costs of the attachment execution, applied on tbe original judgment. But it is an execution so far collateral to the judgment that it may proceed simultaneously…

2Cases cited1 opinion

  1. Respublica v. GriffithsSupreme Court of the United States · 1790

3Cited by3 opinions

  1. Progressive C. Co. v. Friedman BalasnySuperior Court of Pennsylvania · 1922
  2. Stranahan v. Stranahan, Pennsylvania Court of Common Pleas, Mercer County1892
  3. Childs v. United Traction Co., Pennsylvania Court of Common Pleas, Alleghany County1931

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