Legal Opinion

Bricker v. Doyle

Superior Court of Pennsylvania

Decided October 9, 1916No. Appeal, No. 284PublishedCited by 2 opinions

Appeal, No. 284, Oct. T., 1915, by plaintiff, from judgment of Municipal Court, Feb. T., 1915, Sheriff’s Interpleader No. 58, for defendant on case tried by the court without a jury in suit of William H. Bricker, Jr., v. Wm. H. Doyle, to the use of James J. McArdie and William E. Cooney, Copartners, trading as McArdie & Cooney. Issue on sheriff’s interpleader. Before Gilpin, J. At the trial plaintiff made the following offer to amend the statement.

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Appeal, No. 284, Oct. T., 1915, by plaintiff, from judgment of Municipal Court, Feb. T., 1915, Sheriff’s Interpleader No. 58, for defendant on case tried by the court without a jury in suit of William H. Bricker, Jr., v. Wm. H. Doyle, to the use of James J. McArdie and William E. Cooney, Copartners, trading as McArdie & Cooney. Issue on sheriff’s interpleader. Before Gilpin, J. At the trial plaintiff made the following offer to amend the statement. “Mr. Thomas: I offer in evidence all the records of Frederick Gerber versus William H. Bricker, Municipal Court, March Term, 1915, No. 719, and I…

1Opinion of the Court

Opinion by

Porter, J.,

The action was a.sheriff’s interpleader. Our statute of May 26, 1897, P. P. 95, clearly defines the procedure to be followed in such case and the legal effect of the various steps to be taken by the parties. In Meyers v. Knight, 21 Pa. Superior Ct. 1, this court pointed out the difference wrought by the passage of this statute in the formerly existing practice in such cases. It was there said: “The practice established by the Act of 1897, is radically different from that which had prevailed under the earlier statute......The condition of the bond must be that the claimant…

2Cases cited2 opinions

  1. Meyer v. KnightSuperior Court of Pennsylvania · 1902
  2. Feinstein v. WelischedkSuperior Court of Pennsylvania · 1915

3Cited by2 opinions

  1. Conservative Building & Loan Ass'n v. PearlSupreme Court of Pennsylvania · 1930
  2. Williams v. Snyder, Pennsylvania Court of Common Pleas, Snyder County1923

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