Brungart v. Butler
Superior Court of Pennsylvania
Appeal, No. 262, Oct. T., 1911, by defendants, from order of C. P. Centre Co., May T., 1909, No. 175, discharging rule to open judgment in case of Cyrus Brungart, Sheriff, v. Burdine Butler, Mary Butler, Executrix of James Butler, deceased, and Robert Cooke. Rule to open judgment. Before Hall, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule to open judgment.
1Opinion of the Court
Opinion by
Poetee, J.,
This proceeding is an echo of litigation which brought into this court two appeals, growing out of a sheriff’s interpleader, Thomas v. Butler, 16 Pa. Superior Ct. 268, and 24 Pa. Superior Ct. 305. Butler, this appellant, having several judgments against D. R. Thomas caused execution to be levied on certain personal property which was claimed by Mary S. Thomas, the wife of the defendant in the execution, and, the parties having been duly required to interplead, an issue was framed to determine the ownership of the property. That issue was finally determined in favor of…
2Cases cited4 opinions
- Rehm v. FrankSuperior Court of Pennsylvania · 1901
- Hirschlan v. KrechmanSuperior Court of Pennsylvania · 1902
- Thomas v. ButlerSuperior Court of Pennsylvania · 1901
- Thomas v. ButlerSuperior Court of Pennsylvania · 1904
3Cited by2 opinions
- Horn v. WitherspoonSupreme Court of Pennsylvania · 1937
- Schwartz v. Stewart, Pennsylvania Court of Common Pleas, Lawrence County1945