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JARDINE v. DONNELLY

413 Pa. 474 (1964)

Jardine, Appellant, v. Donnelly.

Supreme Court of Pennsylvania.

March 17, 1964.

Attorney(s) appearing for the Case

Lloyd B. White, Jr., with him Stephen J. McEwen, and McEwen & McEwen, for appellant.

Sheldon Tabb, with him Paul A. Lockrey, for garnishee, appellee.

Before BELL, C.J., MUSMANNO, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, March 17, 1964:

Appellant obtained a judgment against Donnelly and then sought by writ of execution to attach the funds or property of Donnelly's insurance carrier which were in the possession of the garnishee, Girard Trust Corn Exchange Bank. The attached funds were the property, we repeat, of the insurance carrier and no judgment had been obtained by appellant against the carrier. The Court below properly held that under such circumstances...

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