May v. Merchants & Mechanics Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county: Of January Term 1885, No. 277. Attachment execution sur judgment, issued by the Merchants and Mechanics Bank of Scranton against M. D. May, defendant, and the Third National Bank of Scranton, garnishee. Plea of the defendant, discharge in bankruptcy.
Read the full summary
Error to the Court of Common Pleas of Lackawanna county: Of January Term 1885, No. 277. Attachment execution sur judgment, issued by the Merchants and Mechanics Bank of Scranton against M. D. May, defendant, and the Third National Bank of Scranton, garnishee. Plea of the defendant, discharge in bankruptcy. The facts, as they appeared on the trial, before Hand, J., were as follows: On February 9th, 1877, the defendant gave to the Merchants and Mechanics Bank a promissory note containing a confession of judgment, to the following effect:— $1,080. Scranton, Pa., Feb. 9th, 1877. Ten days after…
1Opinion of the CourtJustice Sterrett
Our process of attachment execution is necessarily against the defendant in .the judgment as well as the garnishee. If duly served it is the duty of each, respectively, to appear and present his defence, if he has any. Two separate and distinct issues may thus be formed, one as to the defendant in the judgment and the other as to the garnishee. The former may plead payment, or any other matter of defence, to the judgment, that would be available on a scire facias to revive the Same. In this case issue was joined on special plea of defendant below, setting up his discharge in bankruptcy as an *149e…
2Cited by2 opinions
- Claster v. SobleSuperior Court of Pennsylvania · 1903
- Realty Co. v. GioshioSuperior Court of Pennsylvania · 1912