2 Miles 130
Pennsylvania Court of Common Pleas, Philadelphia County
Decided September 9, 1837
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1837-09-09
THIS was an attachment of execution against Jones, defendant, with a clause in the nature of scire facias against Maxwell, as garnishee, in foreign attachment, under the 32d-38th sections inclusive, of the act of 18th June, 1836, relating to executions. Interrogatories were put to Maxwell, who made answer as follows, viz.: “ Jno.
Decided 1837-09-09
¶1A doubt has been suggested whether a debt in suit between the original parties, or an unsatisfied judgment owned by the defendant could be the subject of a foreign attachment. Whatever was the law prior to the act of June 16, 1836, on that subject, its provisions now remove all difficulty as to attachments of execution. The act speaks of “ a debt due to the defendant,” without limitation as to its nature, and therefore judgments are within its scope.
¶2Motion granted.