Walker v. Wallace, 2 Dall. 113 (Pa. 1790)

Supreme Court of Pennsylvania.

June Term, 1790.

Walker, et al. versus Wallace, et al.

This was a Scire Facias against the defendants as garnishees of Waldo, against whom a Foreign Attachment had been issued. ON the trial it was ruled

By the Court—That if a plaintiff does not prove more in the hands of the garnishee, than he admits by his plea to the Scire Facias, or his answer upon interrogatories, the plaintiff must pay the costs. But if more is proved, then the costs shall be paid by the garnishee.

The verdict being for no more than the sum admitted in the answers of the defendants, judgment was, accordingly, entered for the plaintiffs, but without costs.

Last modified: March 24, 2016