Aschenbach v. Carey
Supreme Court of Pennsylvania
Appeal, No. 253, Jan. T., 1908, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1900, No. 509, on verdict for garnishee in case of Annie E. Aschenbach v. Michael F. Carey and Joseph W. Aschenbach, Copartners, trading as Carey & Company, Defendants, and John Byrne, Jr., Garnishee. Attachment execution. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for garnishee. Plaintiff appealed.
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Appeal, No. 253, Jan. T., 1908, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1900, No. 509, on verdict for garnishee in case of Annie E. Aschenbach v. Michael F. Carey and Joseph W. Aschenbach, Copartners, trading as Carey & Company, Defendants, and John Byrne, Jr., Garnishee. Attachment execution. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for garnishee. Plaintiff appealed. Error assigned was in refusing binding instructions for plaintiff.
1Opinion of the Court
Opinion bt
Mr. Justice Brown,
On February 4, 1901, the appellant obtained a judgment against Michael F. Carey for 11,186.06. In February,' 1906, she procured an attachment ad lev. deb. to be issued on it against John Byrne, Jr., as garnishee, to recover from him a *306debt alleged to be due by him to Carey. The facts under which the appellant claims to be entitled to a judgment against the garnishee are either undisputed or uncontradicted.
Laurence J. Carey, who died December 2, 1903, was at that time the proprietor of a saloon and the holder of a retail license for the sale of liquor from the court…
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