Berger & Wirth v. H. W. Juergen & Co.
Superior Court of Pennsylvania
Appeal, No. 109, April T., 1898, by James W. Tygard, claimant, from order of C. P. No. 1, Allegheny Co., June T., 1897, No. 4, refusing rule to show cause why issue should not be awarded on sheriff’s interpleader. Rule to award issue in a sheriff’s interpleader. Before C. P. No. 1, Allegheny county. It appears from the record that Tygard claimed ownership of chattels formerly owned by the Daily Financial News Company.
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Appeal, No. 109, April T., 1898, by James W. Tygard, claimant, from order of C. P. No. 1, Allegheny Co., June T., 1897, No. 4, refusing rule to show cause why issue should not be awarded on sheriff’s interpleader. Rule to award issue in a sheriff’s interpleader. Before C. P. No. 1, Allegheny county. It appears from the record that Tygard claimed ownership of chattels formerly owned by the Daily Financial News Company. A levy was made and sale advertised and a claim was made by him and due process had on an interpleader under the act of May 26, 1897. In answer to a rule to maintain or…
1Opinion of the Court
Opinion by
Rice, P. J.,
It was held that an award or refusal of an issue under the sheriff’s interpleader act of 1848 was not a matter of right but of sound discretion under all the circumstances of the case: Bain v. Funk, 61 Pa. 185; Zacharias v. Totten, 90 Pa. 286; White v. Rech, 171 Pa. 82. Whether or not the Act of May 26, 1897, P. L. 95, has changed the law in this regard and gives the claimant a right of appeal-(using that term in its strict sense) from the refusal of an issue is a question left open for future consideration. It is not necessary to express a decided opinion upon it in the…
2Cases cited3 opinions
- Bain v. FunkSupreme Court of Pennsylvania · 1869
- White v. RechSupreme Court of Pennsylvania · 1895
- Zacharias v. TottonSupreme Court of Pennsylvania · 1879
3Cited by4 opinions
- Gillespie v. AgnewSuperior Court of Pennsylvania · 1903
- Anderson Computing Scale Co. v. Seader, Pennsylvania Court of Common Pleas, Bucks County1930
- Borger v. Jones, Pennsylvania Court of Common Pleas, Lehigh County1922
- Morris Lumber Co. v. Harrington, Pennsylvania Court of Common Pleas, Susquehanna County1929