Legal Opinion

Phillips v. Reagan

Supreme Court of Pennsylvania

Decided March 9, 1874PublishedCited by 1 opinion

Error to the Court of Common Pleas of Schuylkill county: No. 45, to January Term 1873. The proceeding in this case was under the Sheriff’s Interpleader Act. On the 19th of April 1869, John Phillips recovered a judgment in the Common Pleas of Schuylkill county against Isaac C. Hoch for $174.50. On the 11th of October 1871 Phillips issued an alias fi. fa. on this-judgment, the execution came into the sheriff’s hands at 11J o’olock, A. M., of that day.

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Error to the Court of Common Pleas of Schuylkill county: No. 45, to January Term 1873. The proceeding in this case was under the Sheriff’s Interpleader Act. On the 19th of April 1869, John Phillips recovered a judgment in the Common Pleas of Schuylkill county against Isaac C. Hoch for $174.50. On the 11th of October 1871 Phillips issued an alias fi. fa. on this-judgment, the execution came into the sheriff’s hands at 11J o’olock, A. M., of that day. He returned that, October 12th 1871, he had levied on some cattle and other personal property of the defendant in the execution specified in the…

1Opinion of the Court

The opinion of the court was delivered, March 9th 1874, by

Sharswood, J.

Under the 9th section of the Act of April 10th *3831848, Pamph. L. 450, it is not necessary to a sheriff’s interpleader that there should have been an actual levy upon the goods which are the subject-matter of the adverse claim. The words of the act are, when any such claim has been or shall be made to any goods or chattels taken or “ entitled to be taken in execution.” The English statute of 1 & 2 Will. 4, chap. 58, sec. 6, from which our act seems to have been copied, provides, “ when any such claim shall be made to any…

2Cited by1 opinion

  1. Byrne v. HaydenSupreme Court of Pennsylvania · 1889

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