Saba v. McElwaine
Superior Court of Pennsylvania
Appeal, No. 2, March T., 1914, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1910, No. 924, on verdict for plaintiff in case of Martha Saba v. McElwaine, Knight & Co. Interpleader to determine ownership of wines, liquors and cigars. Before Garman, J. At the trial it appeared that Elias Saba had a wholesale liquor license which he conducted in a building owned by his wife.
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Appeal, No. 2, March T., 1914, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1910, No. 924, on verdict for plaintiff in case of Martha Saba v. McElwaine, Knight & Co. Interpleader to determine ownership of wines, liquors and cigars. Before Garman, J. At the trial it appeared that Elias Saba had a wholesale liquor license which he conducted in a building owned by his wife. The defendants obtained a judgment against him on which execution was issued, and Martha Saba, the wife of Elias Saba, claimed the goods which had been levied upon, filing the following schedule with her claim:…
1Opinion of the Court
Opinion by
Orlady, J.,
A feigned issue under the interpleader act was awarded by the court below, on the petition of the sheriff when the plaintiff herein, the claimant, filed her bond, and retained the property the title to which was in dispute.
Elias Saba, husband of the claimant, held a wholesale liquor dealer’s license and conducted a liquor business in a building owned by the wife. A part of the goods levied upon by the defendants consisted of wines, liquors and cigars, which were claimed by the plaintiff as her own property. In regard to these the trial judge charged the jury: “We say to…
2Cases cited1 opinion
- Mann v. SalsbergSuperior Court of Pennsylvania · 1901
3Cited by3 opinions
- Barlly v. DanzigSuperior Court of Pennsylvania · 1936
- County National Bank v. Farmers ExchangeSuperior Court of Pennsylvania · 1929
- Mann v. Frankel, Pennsylvania Court of Common Pleas, Philadelphia County1957