McFadden v. Millerstown Deposit Bank
McFadden v. Millerstown Deposit Bank
Opinion of the Court
The court of common pleas unquestionably had control of the judgment in No. 81 of March Term, 1905, entered by the plaintiff against the garnishee January 10, 1905. The application to open was made immediately thereafter, being dated January 12, 1905, the order for the rule to show cause having been made January 14, 1905.
The reasons, both of law and fact, stated in the decree of the court, are its sufficient justification. It would have been grossly inequitable, under the circumstances, to have allowed the judgment to stand, to say nothing of the violation of the rule of court which is pointed out in the decree of the court below.
The order of the court below opening the judgment, is, therefore, affirmed, and the appeal dismissed at the costs of the appellant.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Judgment — Opening judgment — Attachment—Execution—Appearance. A judgment entered against a garnishee for want of an appearance will be opened where it is shown to the court that the failure to enter an appearance was through an oversight, that there were no goods or money in the hands of the garnishee, that the sheriff’s return did not show an attachment of goods or money, and that the plaintiff had failed to comply with the rules of court as to service of interrogations and notice of rule on the garnishee.