Werden Lumber Co. v. Norfolk & Western Railway Co.

Martin, P. J.,

The plaintiff is here suing to recover the purchase price of certain lumber delivered to the defendant. The defendant filed an affidavit of defence, admitting the purchase of the lumber and its liability for its payment, but averring that prior to the bringing of this suit a writ of foreign attachment was served upon it as garnishee in the County of Allegheny, Pennsylvania, naming the said Werden Lumber Company as defendant. The plaintiff has moved for judgment for want of, a sufficient affidavit of defence.

The sole contention between the parties now seems to be as to whether…