City of Erie v. Knapp
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county. The defendant in error obtained judgment against M. W. Keith, to whom the city of Erie, a municipal corporation, was indebted, and issued an execution attachment under the Act of 16th June, 1836, upon his judgment, and attached “ goods, chattels, rights, credits, and moneys of defendant in the hands of the city of Erie.”
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Error to the Court of Common Pleas of Erie county. The defendant in error obtained judgment against M. W. Keith, to whom the city of Erie, a municipal corporation, was indebted, and issued an execution attachment under the Act of 16th June, 1836, upon his judgment, and attached “ goods, chattels, rights, credits, and moneys of defendant in the hands of the city of Erie.” The sole question in the case, so far as plaintiff in error was concerned, was whether it was liable to be made garnishee. The court below, Galbraith, P., decided that it was, and sustained the attachment, which decision was…
1Opinion of the Court
The opinion of the court was delivered
by Knox, J.
The only question raised upon this record is whether a municipal corporation may be made a garnishee upon an execution attachment under the Act of 16th June, 1836. This question received an affirmative answer in the court below. But the answer was erroneous. It was long since settled, that an attachment would not lie against a sheriff or prothonotary who holds money collected on an execution or paid on a judgment. And where an attempt was made to attach money due to a school teacher, in the hands of the treasurer of the school directors, Mr.…
2Cited by12 opinions
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- Keystone State Corp. v. Union Indemnity Co., Pennsylvania Court of Common Pleas, Philadelphia County1941
- Security Bank & Trust Co. v. Rollin Inc.Superior Court of Pennsylvania · 1985
- Richter v. George Doherty Lumber Co., Pennsylvania Court of Common Pleas, Alleghany County1958
- Wood Refrigerating Co. v. Preston, Pennsylvania Court of Common Pleas, Alleghany County1956
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