Coble v. Nonemaker
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of May Term 1875, No. 100. On the 4th of August 1871, a foreign atttachment in debt was issued at the suit of J. W. Coble against Yetman Eves, in which J. H. Nonemaker was the garnishee. On the 17th of August 1871 the sheriff attached a drug store, fixtures and stock, in the hands of the garnishee, who on the same day entered into bond in the usual form, with surety, and the attachment was dissolved.
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Error to the Court of Common Pleas of Cumberland county: Of May Term 1875, No. 100. On the 4th of August 1871, a foreign atttachment in debt was issued at the suit of J. W. Coble against Yetman Eves, in which J. H. Nonemaker was the garnishee. On the 17th of August 1871 the sheriff attached a drug store, fixtures and stock, in the hands of the garnishee, who on the same day entered into bond in the usual form, with surety, and the attachment was dissolved. On the trial of the action a verdict was rendered against Eves in favor of Coble for $2800. The garnishee waived the issuing of a scire…
1Opinion of the CourtJustice Woodward
Undoubtedly, the most obvious remedy of the plaintiff would have been an action of replevin, in which the question of the right of the defendant to hold the stock of the drug store under his purchase from Eves could have been directly tried. The general rule is settled that an attaching creditor can acquire no claim to property in the hands of a garnishee, other than such as the debtor in a suit against the garnishee could himself assert. The judgment in the court below was entered in pursuance of this general rule. The fact was found by the record that the sale by Eves to None-maker was made…
2Cases cited2 opinions
- Findlay v. Hinde & WifeSupreme Court of the United States · 1828
- Moser v. MayberrySupreme Court of Pennsylvania · 1838
3Cited by6 opinions
- G. B. Hurt, Inc. v. Fuller Canneries Co.Supreme Court of Pennsylvania · 1919
- Newman v. Globe Indemnity Co.Supreme Court of Pennsylvania · 1923
- La Varre v. International Paper Co.District Court, E.D. South Carolina · 1929
- Hanscom v. ChapinSuperior Court of Pennsylvania · 1905
- United States National Bank v. RawsonOregon Supreme Court · 1935
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