Erskine & Eichelberger v. Sangston
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. Erskine and Eichelberger against Sangston. This was a scire facias against the defendant as garnishee in a foreign attachment, issued by the plaintiffs against Dennis K. Battie.
Read the full summary
ERROR to the common pleas of Cumberland county. Erskine and Eichelberger against Sangston. This was a scire facias against the defendant as garnishee in a foreign attachment, issued by the plaintiffs against Dennis K. Battie. The defendant, in answer to the interrogatory put by the plaintiff, admitted that he had in his hands at the time of the service of the attachment, on the 5th of May 1836, 500 dollars, and that there came to his hands, subsequently, 160 dollars 67 cents. But said, that on the 15th of April 1836, the said Battie drew on him, in favour of Samuel Carr, for 500 dollars,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The plaintiff below having required the defendant in the scire facias, as garnishee, to answer interrogatories, in order to show that he had moneys or effects of the defendant in the foreign attachment in his hands, read in evidence the answers of the garnishee on the trial of the cause, that is, of the issue in the scire facias. The garnishee, in his answers, admitted that he had in his possession moneys of the defendant in the attachment; but alleged that, before the attachment was served upon him, he had, on a certain day mentioned in his…
2Cited by2 opinions
- Lessee of Stouffer v. ColemanSupreme Court of Pennsylvania · 1794
- Wright v. Darlington, Runk & Co.Supreme Court of Pennsylvania · 1885