Horrocks v. Skarupsky

Opinion by

Linn, J.,

Plaintiff, claiming goods levied upon by the sheriff at the instance of a judgment creditor, interpleaded with him pursuant to the Act of May 26, 1897, P. L. 95, as amended. The issue appeared on the trial list for March 16 (when plaintiff and his counsel were present) and on the 17th, 1927, but was not reached for trial until the 17th. When the case was then called, neither plaintiff nor his counsel were in court; defendant’s counsel then moved for a non-suit for want of pro’secution by plaintiff and his motion was granted. So the matter stood until December, 1927, when…