Silveus v. Sayers
Superior Court of Pennsylvania
Appeal, No. 87, April T., 1917, by defendant, from order of C. P. Greene Co., June T., 1914, No. 107, directing an interpleader in case of A. F. Silveus v. D. L. Sayers, alias David L. Sayers with clause of scire facias to James E. Sayers, executor of the last will and testament of Ezra M. Sayers, deceased, Garnishee, and Henry C. Sayers, Intervenor. Rule for interpleader. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 87, April T., 1917, by defendant, from order of C. P. Greene Co., June T., 1914, No. 107, directing an interpleader in case of A. F. Silveus v. D. L. Sayers, alias David L. Sayers with clause of scire facias to James E. Sayers, executor of the last will and testament of Ezra M. Sayers, deceased, Garnishee, and Henry C. Sayers, Intervenor. Rule for interpleader. The facts are stated in the opinion of the Superior Court. Error assigned was making absolute rule for inter-pleader.
1Opinion of the Court
Opinion by
Kephart, J.,
The motion to quash this appeal must be sustained. An order directing an interpleader and awarding a feigned issue is interlocutory from which an appeal will not lie. Paugh v. Delaware County Trust Co., 62 Pa. Superior Ct. 523, was an appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense. The court in declining to grant the judgment framed an issue between the rival claimants to the fund, the interventor having been made a party to the action.
The report of the case did not contain a reference to the court’s action on the rule…
2Cases cited1 opinion
- Paugh v. Delaware County Trust, Safe Deposit & Title InsuranceSuperior Court of Pennsylvania · 1916
3Cited by3 opinions
- Fisher v. Stevens Coal Co. (Et Al.,)Superior Court of Pennsylvania · 1939
- Tressler v. EmerickSupreme Court of Pennsylvania · 1923
- Cavallo v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1958