REPORTS OF CASES DECIDED BY THE FEDERAL AND STATE COURTS IN PENNSYLVANIA. FROM THE PITTSBURGH LEGAL JOURNAL. In the District Court of Allegheny County. GREER v. ROWLEY et al. (Vol. I., p. 3, 1853.) 1. Service of an execution-attachment was had upon A. B., Mayor of, &c., C. D., Treasurer of, &c., E. F., Regulator of, &c.: Held, that the service was not properly made upon the city in its corporate capacity. 2. A debt owed by a municipal corporation, for work and labor done by a contractor in grading and paving one of its public streets, is not liable to an execution-attachment at the suit of a judgment creditor of such contractor. RULE to show cause why judgment should not be entered against the Mayor, Aldermen and Citizens of Pittsburgh, on the answers filed. Kerr, for plaintiff; Mellon & McClowry, for defendant and garnishee. The plaintiff, John Grier, obtained judgment in this Court against Thomas A. Rowley for the sum of $190 15, on the 7th September, 1852, and the next day (September 8th) issued an execution-attachment thereon, with a clause in the nature of a VOL. I.-1 scire facias, against Andrew McMasters, Esq., Treasurer of the City of Pittsburgh; John B. Guthrie, Mayor of the City of Pittsburgh, and R. E. M'Gowan, City Regulator, summoning them as garnishees. The return of the sheriff to the execution-attachment is,-"Executed by serving a copy on Andrew McMasters, Esq., September 8th, 1852; and by copy on John B. Guthrie, Mayor of the City of Pittsburgh, September 11th, 1852, and summoning them as garnishees; and by copy on Thomas A. Rowley, September 11th, 1852." "Also, by copy on Andrew McMasters, Esq., Treasurer of the City of Pittsburgh, September 21st, 1852, summoning him as garnishee; and served by copy on R. E. M'Gowan, City Regulator, summoning him as garnishee, September 25th, 1852." Interrogatories were thereupon propounded by the plaintiff to "R. E. M'Gowan, City Regulator of the City of Pittsburgh; Andrew McMasters, Esq., Treasurer of the City of Pittsburgh, and John B. Guthrie, Mayor of the City of Pittsburgh," which were severally answered by the said garnishees. It appears from the answers filed that neither of the garnishees, at the date of the issuing and service of the execution-attachment, was in any way personally indebted to the defendant, Thomas A. Rowley. But the answers of the garnishees disclose the fact that the City of Pittsburgh, in its corporate capacity, was, at that time, indebted to the firm of Rowley & Wilson (of which firm the defendant was a member), in the sum of $388 08. Rowley & Wilson were joint contractors for the grading and paving of Webster street, in the city of Pittsburgh. The grading and paving done on said street by Rowley & Wilson, under their contract with the city, had, at the date of the service of the execution-attachment, been estimated by R. E. M'Gowan, the City Regulator; and John B. Guthrie, Mayor of the City, had been authorized and instructed by the Street Committee of the City Councils to draw his warrant on the City Treasurer, in favor of Rowley & Wilson, for the sum of $388 08, in pursuance of the estimate of the City Regulator, and on account of the grading and paving done by Rowley & Wilson. But no warrant had been drawn by the mayor at the date of the service of the execution-attachment. |