Fessler v. Ellis
Supreme Court of Pennsylvania
Error to the Common Pleas of Lycoming county. This was an attachment-execution sued out to April Term 1859, by A. J. Eessler against Josiah Fields, with notice to Mary Ellis, Furman Fields, and others, garnishees of the defendant.
Read the full summary
Error to the Common Pleas of Lycoming county. This was an attachment-execution sued out to April Term 1859, by A. J. Eessler against Josiah Fields, with notice to Mary Ellis, Furman Fields, and others, garnishees of the defendant. The case was this: — A. J. Fessler obtained a judgment on the 8d day of February 1859, for $859.51, against Josiah Fields, under which this attachment-execution was taken out, and Mary Ellis and Furman Fields, summoned as garnishees on the 7th of February 1859. To interrogatories exhibited by the plaintiff, the garnishees severally responded, denying that they had…
1Opinion of the Court
The opinion of the. court was delivered,
by Woodward, J.
By means of his attachment the plaintiff assumed the position, and acquired the rights of Fields, the debtor, so far as concerned the relation of the latter to Mrs. Ellis. If Fields had a right of action against Mrs. Ellis for the $2457, which he had earned by sawing lumber for her, Fessler acquired that right to the extent of his judgment against Fields. He was as well entitled to call on Mrs. Ellis to pay him the amount of his judgment, as Fields was to call on her to pay the whole of her apparent indebtedness.
*250True it is, that, under…
2Cited by4 opinions
- Tremont Township School District v. Western Anthracite Coal Co.Supreme Court of Pennsylvania · 1955
- In Re BoylanDistrict Court, E.D. Pennsylvania · 1946
- Lewycka v. Springfield Mutual InsuranceSuperior Court of Pennsylvania · 1963
- Goller v. Wass's Administrator, Pennsylvania Court of Common Pleas, Somerset County1927