County National Bank v. Farmers Exchange

Opinion by

Linn, J.,

A feigned issue was awarded to try title to personal property taken in execution by tbe sheriff on judgments which defendants in the interpleader had against one, Straw (Act of May 26, 1897, P. L. 95). The claimant of the property filed a bond, took the property and became plaintiff in the interpleader; the execution plaintiffs became defendants in the interpleader. The issue was tried and the jury found a verdict for the defendants in the sum of $1,389.25 (Saba v. McElwaine, 57 Pa. Superior Ct. 369). The plaintiff moved for judgment n. o. v. “as to all the items involved…