Martin v. Throckmorton
Superior Court of Pennsylvania
Appeal, No. 114, Oct. T., 1900, by garnishee, William C. Mayne, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 9, on answers by garnishee in case of Thomas J. Martin, Jr., v. Catharine B. Throckmorton. Foreign attachment against an attorney at law. In answer to interrogatories, the garnishee admitted that he had in his hands $1,666.58, which he had collected from the defendant in certain .partition proceedings.
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Appeal, No. 114, Oct. T., 1900, by garnishee, William C. Mayne, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 9, on answers by garnishee in case of Thomas J. Martin, Jr., v. Catharine B. Throckmorton. Foreign attachment against an attorney at law. In answer to interrogatories, the garnishee admitted that he had in his hands $1,666.58, which he had collected from the defendant in certain .partition proceedings. After the service of the writ he paid to the defendant $750. He claimed that the plaintiff had consented to this by a letter dated August 15, from her counsel. This…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The answer of a garnishee is not to be construed with the same strictness as an affidavit of defense, but where such answer contains either a distinct admission of funds in possession, or of such facts as leave the possession of such funds a mere *634inference of law, the proper course is to enter judgment against the garnishee upon his answer. In this case the answer of the garnishee admits that at the time of the service of the writ he had in his hands the sum of $1,666.58, which amount he had received as the attorney of the defendant in a certain proceeding in…
2Cases cited4 opinions
- Balsbaugh v. FrazerSupreme Court of Pennsylvania · 1852
- Russell v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1870
- President, Managers, & Co. v. WatsonSupreme Court of Pennsylvania · 1829
- Rankin v. SimpsonSupreme Court of Pennsylvania · 1852
3Cited by6 opinions
- Smyth v. Fidel. Dep. Co. of Md.Superior Court of Pennsylvania · 1936
- Greek Catholic Union of Russian Brotherhoods of United States v. RussinSupreme Court of Pennsylvania · 1940
- Recht v. Urban Redevelopment Authority, Pennsylvania Court of Common Pleas, Alleghany County1959
- National Slovak Society v. Gunther, Pennsylvania Court of Common Pleas, Alleghany County1939
- Rudick v. Dorfman, Pennsylvania Court of Common Pleas, Philadelphia County1941
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