Pennsylvania Co. v. Youngman

Opinion by

Mr. Justice Linn,

The parties to this appeal are the executor of a judgment creditor of the defendant, Mrs. Youngman, and a garnishee, which, at the time of the trial, had money payable to the defendant under a will. The learned court below directed a verdict for the garnishee on the ground that plaintiff had not rebutted the presumption of payment, or shown that it was not applicable to the judgment. Appellant, on the other hand, contends that it was entitled to binding instructions, or, in any event, that the evidence should have been submitted to the jury.

The judgment was entered…