Opinion
January 14, 1964.
March 17, 1964.
Practice — Judgments — Attachment execution — Insurer of judgment debtor — Attaching property of such insurer.
Property belonging to the insurer of a judgment debtor may not be attached on a writ of execution on a judgment against the insured.
Argued January 14, 1964. Before BELL, C. J., MUSMANNO, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
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.
Trespass for personal injuries. Before DIGGINS, J.
Verdict for plaintiff entered by agreement against defendant in amount of $8,250 and judgment entered; order entered dismissing writ of execution against garnishee. Plaintiff appealed.
Lloyd B. White, Jr., with him Stephen J. McEwen, and McEwen McEwen, for appellant.
Sheldon Tabb, with him Paul A. Lockrey, for garnishee, appellee.
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.
Order affirmed.