Lansdale Trust & Safe Deposit Co. v. Smith
Superior Court of Pennsylvania
Appeal, No. 44, Oct. T., 1901, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1896, No. 550, refusing to take off nonsuit in case of Lansdale Trust and Safe Deposit Company v. Harry J. Smith, Defendant, and Joseph Raspin, Garnishee. Attachment execution. Before Biddle, P. J. The facts appear by the opinion of the Superior Court. JError assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Beaver J.,
The plaintiff, having a judgment against the defendant, issued an attachment execution to attach in the hands of the garnishee the amount of a bond and mortgage given by the garnishee to the defendant. Upon the plea of nulla bona an issue was joined and, in the trial, the plaintiff offered his judgment against the defendant and the bond and mortgage given by the garnishee to the defendant. If he had stopped here, the appellee admits that he “ might have been called upon to offer testimony at the trial.” The plaintiff, however, offered in addition the answer of the…
2Cases cited1 opinion
- Rushton v. RoweSupreme Court of Pennsylvania · 1870
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- Goller v. Wass's Administrator, Pennsylvania Court of Common Pleas, Somerset County1927
- Lightner v. Corbit Bros. Plumbing & Heating Co., Pennsylvania Court of Common Pleas, Berks County1935