Legal Opinion

Harvey v. Pollock

Supreme Court of Pennsylvania

Decided April 18, 1892No. Appeal, No. 136PublishedCited by 3 opinions

Appeal, No. 136, Jan. T., 1892, by plaintiff, John L. Harvey, from judgment of C. P. No. 3, Philadelphia Co., March T., 1889, No. 244, discharging rule to open judgment of nonsuit, in favor of James Pollock et al., defendants. Feigned issue under sheriff’s interpleader act. The record showed that appellant made a claim upon goods which had been taken in execution under a judgment obtained by the appellees against John W. Reilly.

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Appeal, No. 136, Jan. T., 1892, by plaintiff, John L. Harvey, from judgment of C. P. No. 3, Philadelphia Co., March T., 1889, No. 244, discharging rule to open judgment of nonsuit, in favor of James Pollock et al., defendants. Feigned issue under sheriff’s interpleader act. The record showed that appellant made a claim upon goods which had been taken in execution under a judgment obtained by the appellees against John W. Reilly. An interpleader was granted wherein appellant became plaintiff, and appellees defendants. The appellant was nonsuited in the interpleader issue in consequence of his…

1Opinion of the Court

Per Curiam,

This appeal was taken by the claimant in a feigned issue under the sheriff’s interpleader act, from the refusal of the court below to open the judgment of nonsuit entered in the trial of that issue. The nonsuit appears to have been entered upon April 3,1891, and the rule to show cause why said judgment should not be opened was taken Sept. 26, 1891. We are not aware of any authority for opening a judgment of nonsuit. It is not such a judgment as comes within the meaning of any of the acts of assembly in regard to the opening of judgments. The proper practice is to apply to the court…

2Cases cited1 opinion

  1. Bondz v. Pennsylvania Co.Supreme Court of Pennsylvania · 1890

3Cited by3 opinions

  1. Scharf v. Richard De Cou Co.Supreme Court of Pennsylvania · 1936
  2. Edelman v. MoserSuperior Court of Pennsylvania · 1915
  3. Tradesman Rod & Gun Club v. Engle, Pennsylvania Court of Common Pleas, Northumberland County1976

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