Legal Opinion

Deakers v. Temple & Barker

Supreme Court of Pennsylvania

Decided January 6, 1862PublishedCited by 2 opinions

Error to the District Court of Allegheny county. This was a proceeding under the Sheriff’s. Interpleader Act, in which issue was joined between Richard Deakers, as plaintiff, and Reed Brothers k Co., for the use of John Earnum, James Martin, and John S. Errington, trustees; and Temple and Barker as defendants, to determine the title to certain goods levied on by the sheriff, as the property of Martin Connolly.

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Error to the District Court of Allegheny county. This was a proceeding under the Sheriff’s. Interpleader Act, in which issue was joined between Richard Deakers, as plaintiff, and Reed Brothers k Co., for the use of John Earnum, James Martin, and John S. Errington, trustees; and Temple and Barker as defendants, to determine the title to certain goods levied on by the sheriff, as the property of Martin Connolly. The case was this: — Martin Connolly and his wife carried on a dry goods store on Wylie street, in Pittsburgh, for several years prior to the 23d of August 1860. On that day the…

1Opinion of the Court

The opinion of the court was delivered,

by Woodward, J.

We do not deem it necessary to go through the twelve errors assigned, and discuss them in detail. The case involved a question of fraudulent transfer of a store of goods. Connolly and wife, who had been in possession of a store, which was carried on in the wife’s name, completed a sale of the goods to Deakers for his promissory notes a few hours before the execution of Temple and Barker came into the sheriff’s hands. When the deputy sheriff called to make a levy, he found Connolly and wife both in the store, and with Connolly he had some…

2Cited by2 opinions

  1. Lowe v. DalrympleSupreme Court of Pennsylvania · 1888
  2. Homewood People's Bank v. MarshallSupreme Court of Pennsylvania · 1909

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