Majority
p. 529JOSEPH McCLAY vs. JANE HOUSTON’S adm’r.
Headnote
If an attachment clause be added to a fi. fa. on justice’s judgment, the gamisheesmust be summoned to appear at the return of the execution.Certiorari to justice McCauliey.
The only exception relied on in this case was to the execution which was made returnable on the 31st of March, 1835, and contained a clause for summoning the garnishees of the defendant to appear before the justice and answer on the 81st of February.
p. 530
Gilpin, for McClay.
Hamilton, for Houston’s adm’r.
The act of assembly (sec. 30) makes the time for the appearance of the garnishees the same with the return day of the execution.
Execution set aside.