Binkley v. Nolt
Superior Court of Pennsylvania
Appeal, No. 76, Oct. T., 1910, by defendant, from order of C. P. Lancaster Co., Aug. T., 1905, No. 10, making absolute rule to open judgment in case of Harry Binkley, administrator of Clara Binkley, deceased, v. Benjamin N. Nolt. Rule to open judgment entered on verdict. The opinion of the Superior Court states the case. Error assigned was order making absolute rule to open judgment, and order striking off verdict.
1Opinion of the Court
Opinion by
Rice, P. J.,
Benjamin N. Nolt, the appellant, having obtained judgment against Henry Binkley, Sr., the father of the appellee issued a fi. fa. by virtue of which certain personal property was levied upon. Clara Y. Binkely, the wife of the defendant in the execution, claimed the property. In due course a sheriff’s interpleader issue was framed in which she was made plaintiff and Benjamin N. Nolt was made defendant, and upon her giving bond with two sureties, which was approved by the court, the chattels were delivered to her. The plaintiff’s statement and the defendant’s plea thereto…
2Cases cited9 opinions
- Fisher v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1898
- Reynolds v. BolandSupreme Court of Pennsylvania · 1902
- Hershey v. WeitingSupreme Court of Pennsylvania · 1865
- Blystone v. BlystoneSupreme Court of Pennsylvania · 1865
- Winton v. FreemanSupreme Court of Pennsylvania · 1883
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3Cited by4 opinions
- Comstock v. ThompsonSupreme Court of Pennsylvania · 1926
- Italian Co-operative Banking Ass'n v. La SpadaSuperior Court of Pennsylvania · 1914
- Commonwealth v. NoltSuperior Court of Pennsylvania · 1916
- Manning v. Barnard Homes, Inc., Pennsylvania Court of Common Pleas, Montgomery County1954