Opinion
December 14, 1960.
March 22, 1961.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 463, Oct. T., 1960, from order of Municipal Court of Philadelphia County, June T., 1960, No. 15006-A, in case of Jacob Bros. Lumber Millwork Co. v. Camblos Construction Corp. Order reversed.
Proceeding upon motion of plaintiffs for judgment against garnishees upon attachment execution after judgment entered against defendant.
Order entered dismissing motion for judgment, opinion by BURCH, J. Plaintiffs appealed.
Marvin J. Levin, with him Freedman, Landy Lorry, for appellant.
Robert S. Ryan, with him Drinker, Biddle Reath, for garnishee, appellee.
Charles A. Klinges, Inc. v. Camblos Construction Corp., 194 Pa. Super. 585, followed.
Argued December 14, 1960.
The subject matter of this appeal arises from the same factual situation and involves the same question of law decided by this Court in Charles A. Klinges, Inc. v. Camblos Construction Corp., 194 Pa. Super. 585, 168 A.2d 916.
Jacob Bros. Lumber Millwork Co., the plaintiff-appellant in this case, had a claim of $1050 against the same parties involved in the Klinges case and accordingly, this Court, on the petition of all parties in interest, and pursuant to Rule 57, decided that both cases be argued together, in all particulars, as if but a single appeal was involved. They were so argued and the opinion filed in the Klinges case, supra, is also applicable to this case.
Order reversed and judgment directed to be entered for the plaintiff-appellant on the pleadings.