Merchants National Bank v. Davis

Per Curiam,

The Act of June 16, 1836, P. L. 755, makes no provision for judgment by default for want of an appearance against a garnishee in attachment execution. The same is true as to foreign attachments under the Act of June 13, 1836, P. L. 568. It has, however, been held .in decisions under these acts that such judgment is proper as a general legal consequence of the failure to answer. See Layman v. Beam, 6 Whart. 181; Jones v. Tracy, 75 Pa. 417; Longwell v. Hartwell, 164 Pa. 533. But it appears that the judgment here entered is improper. It should not have been entered against the…