Majeski v. Duzinski

Smith, J.,

This was a rule to set aside writ of ca. sa. and discharge of defendant from imprisonment based upon the fact that a writ of fi. fa. had already been issued upon a judgment in trespass upon which the plaintiff had levied upon certain personal property of the defendant, some of which has been claimed by the defendant’s wife. An interpleader was duly filed and is now pending in court. There has been no disposition as yet of the question of the disputed ownership involved in the interpleader. The plaintiff, without waiting for the determination of the interpleader proceedings, issued a…