Battles v. Sliney
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OF ERIE COUNTY. No. 429 January Term 1888, Sup. Ct.; court below, No. 231 September Term 1887, C. P. On August 1, 1887, a writ of fieri facias having issued upon a judgment in favor of R. S. Battles against John Sliney and Daniel Whalen, trading as Sliney & Whalen, whereon a levy had been made upon certain property claimed to be owned by Mrs. E. A Sliney, wife of John Sliney, an issue was formed upon a sheriff’s interpleader, wherein Mrs.…
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ERROR TO THE COURT OE COMMON PLEAS OF ERIE COUNTY. No. 429 January Term 1888, Sup. Ct.; court below, No. 231 September Term 1887, C. P. On August 1, 1887, a writ of fieri facias having issued upon a judgment in favor of R. S. Battles against John Sliney and Daniel Whalen, trading as Sliney & Whalen, whereon a levy had been made upon certain property claimed to be owned by Mrs. E. A Sliney, wife of John Sliney, an issue was formed upon a sheriff’s interpleader, wherein Mrs. E. A. Sliney and John Sliney were plaintiffs, and R. S. Battles defendant. The declaration filed by the plaintiffs on…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
The first assignment alleges that the court erred in allowing an amendment to the declaration. The cause below was a feigned issue under the sheriff’s interpleader act. The amendment consisted in specifying certain articles levied upon by the sheriff, consisting of household goods, claimed by the plaintiffs below. These articles appear to have been omitted in the declaration originally filed, and were included in the amended declaration. We see no objection to this amendment, especially in view of the fact, as appears in the charge of the court, that, upon the…
2Cited by10 opinions
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- Grier v. Borough of HomesteadSuperior Court of Pennsylvania · 1898
- Sticker v. OverpeckSupreme Court of Pennsylvania · 1889
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