Black v. Nease
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an execution-attachment issued on a judgment in favour of David Nease and H. Nease, trading as D. Nease & Son, against John Lafferty, in which John Black was summoned as garnishee of the defendant. Interrogatories were filed in the cause hy the plaintiffs, and the garnishee was ruled to answer on ten days’ notice or judgment.
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Error to the District Court of Allegheny county. This was an execution-attachment issued on a judgment in favour of David Nease and H. Nease, trading as D. Nease & Son, against John Lafferty, in which John Black was summoned as garnishee of the defendant. Interrogatories were filed in the cause hy the plaintiffs, and the garnishee was ruled to answer on ten days’ notice or judgment. The garnishee answered in due time, and also filed the plea of nulla bona, on which issue the cause was tried between them. On the trial it appeared that on the 25th of November 1857, Black, the garnishee,…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
We think there was manifest error in permitting the plaintiffs to read their own ex parte affidavit in evidence to the jury. The suit was seire facias against a garnishee in an attachment execution. The plea was the general issue nulla bona. The issue thus raised between the parties was whether Black, the garnishee, had in his hands any moneys or goods of Lafferty, the defendant in the original action, and that was to be decided, like all other issues of fact, upon competent and disinterested testimony. There was no issue raised, nor could…
2Cited by5 opinions
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