Legal Opinion

American Chemical Laboratories v. Wayne Junction Trust Co.

Superior Court of Pennsylvania

Decided October 19, 1922No. Appeal, 164PublishedCited by 4 opinions

Appeal, No. 164, Oct. T., 1922, by claimant, from order of C. P. No. 3, Philadelphia County, March T., 1921, No. 6675, discharging rule to show cause why order of sale should not be vacated in the case of American Chemical Laboratories v. Wayne Junction Trust Company. Interpleader. Rule to show cause why order of sale should not be vacated. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 164, Oct. T., 1922, by claimant, from order of C. P. No. 3, Philadelphia County, March T., 1921, No. 6675, discharging rule to show cause why order of sale should not be vacated in the case of American Chemical Laboratories v. Wayne Junction Trust Company. Interpleader. Rule to show cause why order of sale should not be vacated. The facts are stated in the opinion of the Superior Court. The court discharged the rule to show cause why the order of sale should not be vacated. The claimant appealed. Error assigned was refusal to make the rule absolute.

1Opinion of the Court

Opinion by

Henderson, J.,

This is a proceeding under the Sheriff’s Interpleader Act of 1897. The Wayne Junction Trust Company having obtained a judgment against H. K. Mulford, issued an execution thereon under the authority of which the sheriff levied on a stock of goods as the property of the defendant in the writ. The American Chemical Laboratories, the appellant here, claimed the property and notice was given to the sheriff accordingly; thereupon the sheriff applied to the court for a rule on the plaintiff, the defendant and the claimant to show cause why an interpleader should not be formed…

2Cases cited2 opinions

  1. Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
  2. McSparran v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1899

3Cited by4 opinions

  1. Harrison v. WelshSupreme Court of Pennsylvania · 1929
  2. Dental Manufacturing Supply Co. v. Southern Railway Co.Superior Court of Pennsylvania · 1923
  3. Advance-Rumely Thresher. Co. v. RohrSuperior Court of Pennsylvania · 1934
  4. Morris Lumber Co. v. Harrington, Pennsylvania Court of Common Pleas, Susquehanna County1929

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