Bretz v. Diehl
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BEDEORD COUNTY. No. 205 January Term 1887, Sup. Ct.; court below, No. 826 April Term 1886, C. P. The proceeding was a feigned issue ordered under the interpleader act, wherein Henry P. Diehl, Elmira Daugherty, Wm. Snell, Levi Smith et al. were plaintiffs, and Calton L. Bretz, and B. E. Mann, administrator of David F. Mann, deceased, were defendants.
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ERROR TO THE COURT OE COMMON PLEAS OE BEDEORD COUNTY. No. 205 January Term 1887, Sup. Ct.; court below, No. 826 April Term 1886, C. P. The proceeding was a feigned issue ordered under the interpleader act, wherein Henry P. Diehl, Elmira Daugherty, Wm. Snell, Levi Smith et al. were plaintiffs, and Calton L. Bretz, and B. E. Mann, administrator of David F. Mann, deceased, were defendants. The issue was amended on April 26, 1886, so that the question to be tried by the jury was whether or not the right of property to 56 barrels of flour in barrels, 108 fourth barrels in sacks, 2 tons bran and…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
The defendants in this case are judgment creditors of William D. Newman, a miller, operating a steam flouring mill in the town of Bedford. Haying issued executions, they levied on some eighty or ninety barrels of flour and some bran found on the floor of Newman’s mill. The plaintiffs claimed the property levied upon, alleging that it was the product of grain by them delivered to and held by Newman as their bailee. This is a feigned issue, framed under the sheriff’s interpleader act to determine the dispute.
The plaintiffs, who are farmers residing in the vicinity of…
2Cases cited10 opinions
- Lyon v. LenonIndiana Supreme Court · 1886
- Bailey v. BensleyIllinois Supreme Court · 1877
- Hutchison & Batchelder v. CommonwealthSupreme Court of Pennsylvania · 1877
- Sexton v. GrahamSupreme Court of Iowa · 1880
- Norton v. . WoodruffNew York Court of Appeals · 1849
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3Cited by10 opinions
- Clay, Robinson & Co. v. MartinezSupreme Court of Colorado · 1923
- Werley v. DunnSuperior Court of Pennsylvania · 1914
- Garfield v. Furniture Fair-HanoverNew Jersey Superior Court Appellate Division · 1971
- Commonwealth v. One Nash RoadsterSuperior Court of Pennsylvania · 1927
- West v. BackusOregon Supreme Court · 1920
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