Lorenz v. Orlady
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Huntingdon county: Of May Term 1878, No. 133. This was an attachment-execution issued upon a judgment against Zachariah Yenter in favor of Herman Lorenz, and in which George B. Orlady, the counsel of Yenter, was summoned as garnishee. On January 19th 1877 six judgments were entered against Yenter, the last two being in favor respectively of Samuel Hemphill and the plaintiff, Lorenz.
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Error to the Court of Common Pleas of Huntingdon county: Of May Term 1878, No. 133. This was an attachment-execution issued upon a judgment against Zachariah Yenter in favor of Herman Lorenz, and in which George B. Orlady, the counsel of Yenter, was summoned as garnishee. On January 19th 1877 six judgments were entered against Yenter, the last two being in favor respectively of Samuel Hemphill and the plaintiff, Lorenz. Executions were issued on the same day and Yenter’s personal property was sold, producing a sum sufficient to pay the first four judgments in full and a portion of that in…
1Opinion of the CourtJustice Paxson
We think the court below erred in dissolving the attachment upon a rule to show cause. The rights of the parties could not be disposed of in this summary manner. Much more was it error to award the fund in the hands of the garnishee to the assignee of the insolvent debtor. The assignee had made no claim to the fund, was not in court nor represented by counsel. He had no right to the fund, for the plain reason that it had been acquired by Tenter several months after the assignment. It could not, therefore, have passed to his assignee. Whether the money in the hands of Orlady, the garnishee,…
2Cases cited1 opinion
- Pleasants v. CowdenSupreme Court of Pennsylvania · 1844
3Cited by5 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- Yount v. McKennaSuperior Court of Pennsylvania · 1948
- Vandergrift v. WartmanSuperior Court of Pennsylvania · 1934
- Lightner v. Corbit Bros. Plumbing & Heating Co., Pennsylvania Court of Common Pleas, Berks County1935