Lancaster County Bank v. Gross
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an attachment-execution, by The Lancaster Bank for the use of Martin Gross, on a judgment against Jacob L.- Gross, in which Michael Moore and Benjamin G. Getz, executors of Ann Maria Gross, deceased, were summoned as garnishees.
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Error to the Common Pleas of Lancaster county. This was an attachment-execution, by The Lancaster Bank for the use of Martin Gross, on a judgment against Jacob L.- Gross, in which Michael Moore and Benjamin G. Getz, executors of Ann Maria Gross, deceased, were summoned as garnishees. The facts of the case were as follows:— Jacob L. Gross was indebted to the Lancaster County Bank, and gave his judgment-bond, dated the 4th day of April 1857, conditioned to pay $6500 on the 1st day of April 1858. Martin Gross became liable to the said bank for the payment of said bond by his guarantee, who paid…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The question decided by the court below, really was not in the case as it appeared before them. The general and proper practice is to put the motion for judgment against the garnishees upon their answers, on the record, in the shape of a rule to show cause. This does not appear in the record, but it was manifest the cause was before the court below upon a motion for judgment, on the answers to the interrogatories. In such a case, the court cannot go outside of the answers, or receive extraneous proof to qualify or contradict. The admissions,…
2Cited by11 opinions
- Collins v. O'Donnell (Ins. Co.)Supreme Court of Pennsylvania · 1937
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- McCallum v. MorrisSupreme Court of Pennsylvania · 1897
- Importers & Traders National Bank v. LyonsSupreme Court of Pennsylvania · 1900
- Stern & Co. v. HarrodSuperior Court of Pennsylvania · 1926
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