Legal Opinion

Commonwealth v. Beary

Superior Court of Pennsylvania

Decided January 18, 1899No. Appeal, No. 128PublishedCited by 2 opinions

Appeal, No. 128, Oct. T., 1898, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1898, No.. 996, for want of a sufficient affidavit of defense. Assumpsit. Before the court in banc.

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Appeal, No. 128, Oct. T., 1898, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1898, No.. 996, for want of a sufficient affidavit of defense. Assumpsit. Before the court in banc. It appears from, the record that judgment was entered on single bill in C. P. No! 2, as of September term, 1897, No. 496, and damages assessed at $113.79. Execution having been issued" on October 11, 1897, levy made and goods claimed by H. A. Likly, on October 13, 1897, the bond of H. A, Likly .as claimant was filed. On October 21, 1897, rule was taken for sheriff’s interpleader which was made…

1Opinion of the Court

Opinion by

William W. Pobteb, J.,

The Act of May 26,1897, P. L. 95, alters, in some particulars, the previous practice in sheriff’s interpleader proceedings. If the court shall make the rule for an issue absolute, the claimant is now required to give bond with surety to the commonwealth (for the benefit of the person adjudged to have the right to the goods) conditioned, that he shall atall times maintain his title to said goods and chattels, or pay the value thereof to the party thereunto entitled.” After appraisement, the issue is framed by the filing by the claimant, as plaintiff, of a…

2Cases cited1 opinion

  1. Burgwin v. BishopSupreme Court of Pennsylvania · 1879

3Cited by2 opinions

  1. Barndollar v. FogartySupreme Court of Pennsylvania · 1902
  2. Mann v. Schneller, Pennsylvania Court of Common Pleas, Northampton County1928

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