Wilson v. Edwards
Superior Court of Pennsylvania
Appeal, No. 146, April T., 1906, by defendant, from order of C. P. No. 3, Allegheny Co., Feb. T., 1906, No. 102, discharging rule for interpleader in case of Elliott Wilson and William McConkey, trading as Elliott Wilson Cigar Company, v. J. W. Edwards, trading as the Allegheny Cigar Company, B. B. Caniff, claimant. Rule for interpleader. Before Kennedy, P. J. The facts are stated in the opinion of the Superior Court. The court discharged the rule for interpleader.
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Appeal, No. 146, April T., 1906, by defendant, from order of C. P. No. 3, Allegheny Co., Feb. T., 1906, No. 102, discharging rule for interpleader in case of Elliott Wilson and William McConkey, trading as Elliott Wilson Cigar Company, v. J. W. Edwards, trading as the Allegheny Cigar Company, B. B. Caniff, claimant. Rule for interpleader. Before Kennedy, P. J. The facts are stated in the opinion of the Superior Court. The court discharged the rule for interpleader. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Rice, P. J.,
By virtue of an execution issued upon a judgment against *299J. 'W. Edwards, a stock of merchandise in the retail cigar stand, of which he was formerly the proprietor, was levied upon by the sheriff on January 15, 1906. B. B. Caniff having given notice that he claimed the goods, the court, upon the sheriff’s application, granted a rule on the plaintiffs in the execution and the claimant to show cause why an issue should not be framed to determine the ownership, as provided in the sheriff’s interpleader act of 1897. In response to the rule the claimant answered, that on…
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