Roach v. Nilson

GAWTHROP, P. J.,

Plaintiffs proceeded in assumpsit by foreign attachment against funds held by garnishee under a written escrow agreement in connection with settlement for defendants’ sale and conveyance of certain real estate to one, Edwards and wife. After service on garnishee, both defendants and garnishee filed preliminary objections averring facts under oath in accordance with Pennsylvania Rule of Civil Procedure 1268 (b) raising the defense that no property of defendant was in the possession of the garnishee at the time of service of the attachment. Plaintiffs filed responsive answers…