O'Neill v. Wilt
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 160, to January Term 1873. This was an action of debt on a bond in a sheriff’s interpleader, brought March 30th 1872, by Charles Wilt against Charles O’Neill, Alexander Patton and Alexander Foster. To January Term 1870 of the District Court, Charles Wilt issued a fieri facias on a judgment theretofore recovered by him against William Halpin, and levied upon goods as the property of Halpin.
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Error to the District Court of Philadelphia: No. 160, to January Term 1873. This was an action of debt on a bond in a sheriff’s interpleader, brought March 30th 1872, by Charles Wilt against Charles O’Neill, Alexander Patton and Alexander Foster. To January Term 1870 of the District Court, Charles Wilt issued a fieri facias on a judgment theretofore recovered by him against William Halpin, and levied upon goods as the property of Halpin. Charles O’Neill and Alexander Patton, two of the defendants, claimed the goods. The court awarded an issue to determine the ownership of the property, and…
1Opinion of the Court
The opinion of the court was delivered, February 16th 1874, by
Agnew, C. J.
This was a sheriff’s interpleader bond, conditioned that the goods levied upon “ shall be forthcoming upon the determination of the said issue to answer the said writ of execution, if the said issue shall be determined in favor of the said Charles Wilt.” The sole question is whether a peremptory non-suit, under the Act of 14th April 1846, 2 Br. Dig. 1169, pi. 36, because of the non-appearance of the plaintiff in the issue or his counsel, is such a determination of the issue as will operate to forfeit the bond, if the…
2Cited by2 opinions
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Babb v. Bullock, Pennsylvania Court of Common Pleas, Warren County1964