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1 Walk. 310

Krehmer v. Smith

Supreme Court of Pennsylvania

Decided May 5, 1879

Supreme Court of Pennsylvania · decided 1879-05-05

County. No. 134 July Term, 1878. The facts of the case appear in the charge of the court, per Walker, J. This case is an attachment execution under the act of 13 June, 1836, the writ is against the defendant the New York and Schuyl-' kill Coal Company, and Samuel G. DeTurk, Peter Krehmer and Benjamin Hummel are summoned as garnishees.

Cited by 1 later decisions — most recently March 1904

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1879-05-05

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¶1The decision of the lower Court was affirmed on May 5, 1879, in the following opinion, per

Sharswood, C. J.:

¶2These were attachment executions in the Court below upon a judgment against the New York and Schuylkill Coal Company. The question of the indebtedness of the garnishee's to the defendant in the judgment was essentially a question of fact submitted by the learned judge below to the jury with instructions of which the defendants in error had more right to complain than the plaintiffs. The assignment of error in the verdict, and judgment because the jury did not find what goods and effects if any were in the hands of the garnishees at the time the attachment was executed or afterwards, and the value thereof we think inapplicable' in a ease of this character where the property attached was a debt due by the garnishees. Flanagin vs. Wetherill, 5 Wharton 280; Bonnafon vs. Thompson; 2 Norris 460.

¶3Judgment affirmed.

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