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4 Walk. 184

Adams v. Hunter

Supreme Court of Pennsylvania

Decided April 13, 1885

Supreme Court of Pennsylvania · decided 1885-04-13

1, of Philadelphia County. No. 157 Term, 1884. On May 1st, 1884,, the firm of Dippy & Sigfried confessed a •judgment in favor of Hunter & Drennan, which was entered, and an attachment execution was issued on May 29, 1884, with notice to Ebenez'er Adams as garnishee.

Decided 1885-04-13

¶1The Supreme Court affirmed the judgment of the Common Pleas, on April 13th, 1885, in the following opinion:

Per Curiam.

¶2Inasmuch as the first attachment issued on a judgment recovered against one of the firm for his individual debt, it did not bind the assets of the firm to the exclusion of the creditors thereof.

¶3That attachment being thus invalid, the answers of the plaintiff in error admitted his indebtedness, and justified the entry •of judgment against him.

¶4At his own request he was permitted to pay into Court the money which he thus admitted to be due. He is, therefore, not in condition to complain of the order of Court ordering it to be paid over to the attaching creditor on the judgment.

¶5The assignments are not sustained.

¶6Judgment affirmed.

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