Russell v. First Presbyterian Church
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county:Of July Term 1869, No. 17. This was an action of assumpsit, brought to December Term 1868, by The First Presbyterian Church and Congregation of Pottsville against Thomas M. Russell, to recover money which it was alleged the plaintiff had received as treasurer of the plaintiffs, and which he declined to pay over.
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Error to the Court of Common Pleas of Schuylkill county:Of July Term 1869, No. 17. This was an action of assumpsit, brought to December Term 1868, by The First Presbyterian Church and Congregation of Pottsville against Thomas M. Russell, to recover money which it was alleged the plaintiff had received as treasurer of the plaintiffs, and which he declined to pay over. The defendant pleaded the general issue, and also a special plea, in which he averred that the money claimed in the suit “ came into his hands at the time he was acting in the double capacity of treasurer for said plaintiff, and…
1Opinion of the Court
The opinion of the court was delivered, January 31st 1870, by
Sharswood, J.
The 1st assignment of error is, that the court refused to allow the Second Presbyterian Church of Pottsville to become a party defendant to the action. They applied by petition to that effect on the day of the trial. But it would have been contrary to all our practice on the subject of interpleading to have permitted it. Though admitted as a party to the record, they would not thereby have been made parties to the issue, nor could the jury have been sworn as to them. J[The only personal action in which the right of…
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- Barto v. HarrisonSupreme Court of Iowa · 1908
- Schmitt v. Potter Title & Trust Co.Superior Court of Pennsylvania · 1915
- American Brake Shoe & Foundry Co. v. New York Rys. Co.Court of Appeals for the Second Circuit · 1926
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