Corbyn v. Bollman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Allegheny county. This was an execution in nature of a foreign attachment under the 35th section of the Act of 16th of June 1836, relating to executions, on a judgment for $67.33, recovered in the court below by Bollman, Garrison & Richey against T. J. Corbyn. The writ contained a clause of scire facias against L. S. Johns, Esq., a justice of the peace, as garnishee.
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ERROR to the Common Pleas of Allegheny county. This was an execution in nature of a foreign attachment under the 35th section of the Act of 16th of June 1836, relating to executions, on a judgment for $67.33, recovered in the court below by Bollman, Garrison & Richey against T. J. Corbyn. The writ contained a clause of scire facias against L. S. Johns, Esq., a justice of the peace, as garnishee. The sheriff returned “ executed by serving a copy on Leonard S. Johns, Esq., N. E. I., as to defendant.” A rule was had on the garnishee to appear and answer interrogatories. The following were the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— 1. The judgment entered by the court below against the garnishee for not answering interrogatories which had been filed by the plaintiff, was erroneous. The Act of 13th of June 1836 authorizes the plaintiff to exhibit interrogatories in writing, touching the estate and effects of the defendant in his possession or charge, or debts due and owing from him, as the case may be, to the defendant, which the garnishee is to answer on pain of judgment against him. But the present interrogatories do not concern any estate or effects of the…
2Cases cited1 opinion
- Ross v. ClarkeSupreme Court of the United States · 1788
3Cited by5 opinions
- Longwell v. HartwellSupreme Court of Pennsylvania · 1894
- Anders & Co. v. Fiore, Pennsylvania Court of Common Pleas, Somerset County1922
- Buono v. McCulloughLancaster County Court of Quarter Sessions · 1930
- Goldzier v. YoungNew York Marine Court · 1876
- Lightner v. Corbit Bros. Plumbing & Heating Co., Pennsylvania Court of Common Pleas, Berks County1935