Commonwealth v. McNaught
Superior Court of Pennsylvania
Appeal, No. 166, April T., 1905, by D. R. McNaught, from order of C. P. No. 2, Allegheny Co., Jan. T., 1904, No. 425, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Bruce Horsuch v. D. R. McNaught and C. H. Harris. Assumpsit on a bond. 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. 166, April T., 1905, by D. R. McNaught, from order of C. P. No. 2, Allegheny Co., Jan. T., 1904, No. 425, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Bruce Horsuch v. D. R. McNaught and C. H. Harris. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Error assigned was order of the court making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Porter, J.,
This is an action on a bond entered into by the appellants, in an appeal by McNaught, the claimant of goods and chattels which had been levied on as the property of Fry, from an order of the common pleas discharging a rule for an issue, in an interpleader proceeding, and directing the sheriff to proceed with the sale of the property levied upon. The condition of the bond was, “ that if the said appellant shall prosecute this appeal with effect, and pay all costs and damages awarded by the appellate court, or legally chargeable against him, then *370this obligation to be…
2Cases cited4 opinions
- Bain v. LyleSupreme Court of Pennsylvania · 1871
- Slutter v. Kirkendall ex rel. BrownSupreme Court of Pennsylvania · 1882
- Riley v. OgdenSupreme Court of Pennsylvania · 1898
- Guyer v. SpottsSupreme Court of Pennsylvania · 1877