Legal Opinion

Book v. Day

Supreme Court of Pennsylvania

Decided January 2, 1899No. Appeal, No. 43PublishedCited by 23 opinions

Appeal, No. 43, Oct. T., 1898, by tbe H. B. Claflin Company, from order of C. P. Lawrence Co., March T., 1898, No. 1, discharging rule for interpleader. Rule for sheriff’s interpleader. At the hearing of the rule before Wallace, P. J., all parties interested appeared in court by their counsel and witnesses, and the court proceeded to take the testimony and hear all the evidence.

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Appeal, No. 43, Oct. T., 1898, by tbe H. B. Claflin Company, from order of C. P. Lawrence Co., March T., 1898, No. 1, discharging rule for interpleader. Rule for sheriff’s interpleader. At the hearing of the rule before Wallace, P. J., all parties interested appeared in court by their counsel and witnesses, and the court proceeded to take the testimony and hear all the evidence. After a full hearing upon the merits, the court filed an opinion in which were .set out various findings of fact and conclusions of law, and upon this opinion discharged the rule for an interpleader. The H. B. Claflin…

1Opinion of the Court

Opinion by

Mb. Justice Mitchelu,

This is an appeal by the claimant from the discharge of a sheriff’s rule for interpleader, and is met by a motion to quash. It is conceded that under the Act of April 10, 1848, P. L. 450, *46extended throughout the state by the Act of March 10,1858, P. L. 91, a claimant was not entitled to an issue, and there was no provision for a writ of error: Bain v. Funk, 61 Pa. 185; White v. Rech, 171 Pa. 88. But it is argued by the appellant that the Act of May 26, 1897, P. L. 95, has changed the law in both respects.

First, as to a writ of error, now miscalled an appeal,…

2Cases cited2 opinions

  1. Bain v. FunkSupreme Court of Pennsylvania · 1869
  2. White v. RechSupreme Court of Pennsylvania · 1895

3Cited by23 opinions

  1. Miners, Inc. v. Alpine Equipment Corp.Superior Court of Pennsylvania · 1998
  2. Patterson v. HopkinsSuperior Court of Pennsylvania · 1977
  3. McKinley v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1924
  4. Shellhamer v. GreySupreme Court of Pennsylvania · 1986
  5. American Finance Co. v. TrachtmanSuperior Court of Pennsylvania · 1931

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