Commonwealth v. McPhilips
Superior Court of Pennsylvania
Appeal, No. 261, Oct. T., 1916, by plaintiff, from judgment of O. P. Chester Co., Jan. T., 1915, No. 27, on case tried by the court without a jury in suit of Commonwealth, to use of Mary C. George v. John McPhilips and D. Walter Rickabaugh. Assumpsit on an interpleader bond. The case was tried by agreement without a jury by Butler, P. J., who found the facts to be as follows: Thomas H. B. Jacobs caused to be issued out of this Court fi. fa.
Read the full summary
Appeal, No. 261, Oct. T., 1916, by plaintiff, from judgment of O. P. Chester Co., Jan. T., 1915, No. 27, on case tried by the court without a jury in suit of Commonwealth, to use of Mary C. George v. John McPhilips and D. Walter Rickabaugh. Assumpsit on an interpleader bond. The case was tried by agreement without a jury by Butler, P. J., who found the facts to be as follows: Thomas H. B. Jacobs caused to be issued out of this Court fi. fa. No. 37 to January Term, 1914, against Mary C. George, the above use-plaintiff and thereunder the sheriff levied upon the following personal property of…
1Opinion of the Court
Opinion by
Portee, J.,
This is an action of assumpsit upon a bond given by John McPhilips, claimant, and D. Walter Eickabaugh, surety, in an interpleader proceeding. Thomas Jacobs had obtained a judgment against Mary C. George, the use-plaintiff in the present action, upon which judgment he issued an execution which was levied upon certain chattels. John McPhilips notified the sheriff that he claimed the property levied upon and the matter was so proceeded in that an interpleader issue was formed, in which McPhilips was the plaintiff and Jacobs the defendant. The goods were appraised at $1,852,…
2Cases cited4 opinions
- Pennsylvania Knitting Mills of Reading v. Bibb Manufacturing Co.Superior Court of Pennsylvania · 1900
- Mann v. SalsbergSuperior Court of Pennsylvania · 1901
- Seeley v. GareySupreme Court of Pennsylvania · 1885
- Meyer v. KnightSuperior Court of Pennsylvania · 1902
3Cited by2 opinions
- Barlly v. DanzigSuperior Court of Pennsylvania · 1936
- Williams v. Snyder, Pennsylvania Court of Common Pleas, Snyder County1923