General
Walker, et al. versus Wallace, et al.
2 U.S. 1132 Dall. 113·Supreme Court of Pennsylvania·1790·PA
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Opinion
September 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
[MAJORITY — By the Court :]
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.