Simons v. Van Ingen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of July Term 1877, No. 80. Attachment execution, issued by Van Ingen & Snyder, against Duffield Ashmead, defendant, and Peter C. Hollis, executor of the estate of Sarah H. Atherton, deceased, garnishee, in which George W. Simons was allowed, by ordej. of court, to interplead.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of July Term 1877, No. 80. Attachment execution, issued by Van Ingen & Snyder, against Duffield Ashmead, defendant, and Peter C. Hollis, executor of the estate of Sarah H. Atherton, deceased, garnishee, in which George W. Simons was allowed, by ordej. of court, to interplead. A case was stated for the opinion of the court, which in substance was, that Ashmead rented the premises, No. 724 Chestnut street, from the then owner, who is now represented by Hollis; that this lease stipulated: “ The party of the second part further…
1Opinion of the CourtJustice Mercur
This case stated is not drawn with commendable precision. The paper-book does not state clearly against whom the judgment was entered. Inferentially it was against the garnishee, yet by order • of court the plaintiff in error was permitted to interplead, and he has taken the writ of error. As no objection was taken to his position on the record we will not treat it as fatally defective. If either the garnishee or the plaintiff in error is entitled to the money in question, the court erred in entering judgment in favor of the defendants in error.
*332Ashmead leased the store and-premises from the…
2Cited by2 opinions
- Metropolitan Bond Co. v. Atlas Paste Co., Pennsylvania Court of Common Pleas, Alleghany County1963
- Pleasure Harbor Marina, Inc. v. BoyleSuperior Court of Pennsylvania · 1980