Hall v. Vanderpool
Supreme Court of Pennsylvania
Appeal, No. 37, Jan. T., 1893, by plaintiffs, Eunice Hall and Warren Hall, from judgment of C. P. Bradford Co., May T., 1891, No. 44£ on verdict for defendant, Martin Vanderpool. Sheriff’s interpleader. Prom the record it appeared that, on Dec. 1, 1890, D. H. Crimmins issued a fifth pluries writ of fi. fa. against Nelson Vanderpool and Warren Hall. Every preceding execution on the judgment had been returned by the sheriff, not executed, and without levy.
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Appeal, No. 37, Jan. T., 1893, by plaintiffs, Eunice Hall and Warren Hall, from judgment of C. P. Bradford Co., May T., 1891, No. 44£ on verdict for defendant, Martin Vanderpool. Sheriff’s interpleader. Prom the record it appeared that, on Dec. 1, 1890, D. H. Crimmins issued a fifth pluries writ of fi. fa. against Nelson Vanderpool and Warren Hall. Every preceding execution on the judgment had been returned by the sheriff, not executed, and without levy. On Dec. 6,1890,'Martin Vanderpool issued ail execution against Nelson Vanderpool and placed the writ in the sheriff’s hands on the same day.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
A discontinuance is in strict law only by leave of the court. *155While we do not see any injury that would have resulted to any of the parties from a discontinuance of the feigned issue in this case, its allowance was in the discretion of the court below, and is not re viewable here.
The plaintiff’s second point was properly refused, as it failed to include in its statement of facts, the claim of Eunice Hall to the property, which was the most important claim on which the sheriff based his application for an interpleader. While her claim was existing and…
2Cases cited1 opinion
- Frick v. BarbourSupreme Court of Pennsylvania · 1870
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