Maxwell v. Beltzhover
Supreme Court of Pennsylvania
In error from the Common Pleas of Allegheny. To a scire facias sur judgment against defendant as garnishee, he pleaded in confession and avoidance. The court nonsuited the plaintiff when the cause was called, though there was no replication. It is believed there is a rule of that court which dispenses with replications where a substantial issue is raised by the pleadings.
1Opinion of the CourtCoulter, J.
The declaration was filed on the 17th day of July, 1847, and a special plea entered by the garnishee on the 19th of same month and year. The plea admits the execution and delivery' of the note on which the plaintiff declares, as the foundation of the liability of the garnishee, but seeks to avoid and defeat its recovery by an allegation of new and distinct matter. To this *140the plaintiff might have demurred, if he thought the matter insufficient ; or he might have replied, denying the facts and concluding to the country. But he did neither; and there was in fact neither an issue in form nor…