Legal Opinion

Jenkins v. Courtright

Superior Court of Pennsylvania

Decided April 12, 1909No. Appeal, No. 20Published

Appeal, No. 20, March T., 1909, by plaintiff, from judgment of C. P. Lackawanna Co., May T., 1907, No. 230, on verdict for defendant in case of Elma Jenkins v. A. O. Courtright. Interpleader to determine the ownership of a horse. Before Carpenter, J. The opinion of the Superior Court states the facts.

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Appeal, No. 20, March T., 1909, by plaintiff, from judgment of C. P. Lackawanna Co., May T., 1907, No. 230, on verdict for defendant in case of Elma Jenkins v. A. O. Courtright. Interpleader to determine the ownership of a horse. Before Carpenter, J. The opinion of the Superior Court states the facts. The court charged, inter alia, as follows: [Now, as I have said before, if he (meaning the husband) owed her $500 he had a right to do this, notwithstanding he may have owed some one else at the time; but if, on the other hand, he did not owe her the $150 which she mentioned, and if that was…

1Opinion of the Court

Opinion by

Morrison, J.,

This is an action under the sheriff’s interpleader act between the plaintiff and the defendant, to determine the ownership of property levied upon by the sheriff on an execution in favor of the defendant, issued on a judgment against A. M. Jenkins, husband of Elma Jenkins, plaintiff. Upon said execution the *235sheriff levied upon a bay mare as the property of A. M. Jenkins. The plaintiff notified the sheriff that the mare was her property and thereupon an issue was directed to try the question of whether or not the plaintiff owned the mare. It was conceded that at one time…

2Cases cited8 opinions

  1. Taylor v. PaulSuperior Court of Pennsylvania · 1898
  2. Moore v. Dunn & FellSupreme Court of Pennsylvania · 1892
  3. Page v. Williamsport Suspender Co.Supreme Court of Pennsylvania · 1899
  4. Meckley's AppealSupreme Court of Pennsylvania · 1883
  5. Earl v. ChampionSupreme Court of Pennsylvania · 1870

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