Stiffler's Estate

Opinion by

Keller, J.,

1. We agree with the construction placed by the court below upon rule No. 40 of its rules of court. It is, in terms, restricted to cases where the answer filed by the garnishee denies that he has assets in his hands liable to the attachment. The answer filed by appellants, as executors of Peter Stiffler, deceased, admitted that they had moneys in their hands belonging to said estate, and payable upon the settlement of the estate to the creditors of Peter Stiffler, or to his heirs, of whom the defendant in the judgment, A. H. Stiffler, was one; but averred that until the…