March 17, 1964
Appeal, No. 64, Jan. T., 1964, from order of Court of Common Pleas of Delaware County, Sept. T., 1961, No. 1495, in case of Kathleen Jardine v. Barbara Carson Donnelly. Order affirmed.
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.
[ 413 Pa. Page 474]
OPINION BY MR. CHIEF JUSTICE BELL
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 the attachment would not lie and dismissed the writ.
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