McSorley v. Coyle
Superior Court of Pennsylvania
Appeal, No. 171, April T., 1909, by defendants, from various orders of C. P. No. 4, Allegheny Co., Third Term, 1908, No. 255, in favor of the plaintiff in suit of John McSorley v. William L. Coyle et al., doing business as Coyle Brothers. Petition for interpleader. Demurrer to statement of claim. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case.
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Appeal, No. 171, April T., 1909, by defendants, from various orders of C. P. No. 4, Allegheny Co., Third Term, 1908, No. 255, in favor of the plaintiff in suit of John McSorley v. William L. Coyle et al., doing business as Coyle Brothers. Petition for interpleader. Demurrer to statement of claim. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Errors assigned were (1) refusal of interpleader; (2) overruling demurrer to statement; (3) making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Henderson, J.,
There were three stages in the development of this case from the judgment in each of which the defendants appealed. *563The first assignment excepts to the refusal of the court to award an interpleader between the plaintiff and Sarah I. and W. I. Mustin on the petition of the defendants setting forth that they were stakeholders merely and that the fund for which the plaintiff sued was claimed by Sarah I. Mustin and William I. Mustin. The declaration set forth the plaintiff’s cause of action from which it appears that the said Sarah I. Mustin and William I. Mustin, her…
2Cases cited8 opinions
- Ardesco Oil Co. v. North American Oil & Mining Co.Supreme Court of Pennsylvania · 1870
- Bechtel v. SheaferSupreme Court of Pennsylvania · 1888
- Fink v. GarmanSupreme Court of Pennsylvania · 1861
- Dezouche v. GarrisonSupreme Court of Pennsylvania · 1891
- Harlan v. HarlanSupreme Court of Pennsylvania · 1853
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3Cited by9 opinions
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- Selig v. Philadelphia Title InsuranceSupreme Court of Pennsylvania · 1955
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- Paugh v. Delaware County Trust, Safe Deposit & Title InsuranceSuperior Court of Pennsylvania · 1916
- Fidelity Trust Co. v. William Penn Trust Co.Superior Court of Pennsylvania · 1933
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