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2 Miles 243

Wetherill v. Flanagan

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-09-11

<p>Motion far judgment against garnishees.</p> <p>Where on interrogatories put to garnishees, in foreign attachment, as to the possession of moneys of the defendant, the garnishees in their answers do not explicitly and unqualifiedly admit it, judgment will not be entered against them on the answers.</p>

Decided 1838-09-11

Per Curiam.—

¶1Judgment can be asked in those cases only where there is an explicit and unqualified admission by the garnishees, of the possession of moneys of the defendant. If there is any question of law for the court, it must be raised on the pleadings, and if any question of fact is uncertain, it must go before a jury*

¶2Motion refused.

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