Bain v. Funk
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 284, to January Term 1869. The proceedings in this case in the court below were commenced under the Sheriff’s Interpleader Act, and arose as follows:— George R. Corry obtained a judgment, August 22d 1866, against William Austin for $7000, on which a fi. fa. was issued, and Austin’s goods sold to Corry, May 24th 1867. On the 25th of May 1867 Amos Funk obtained judgment against Austin for $5849.17, on which a fi. fa. was issued,…
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Error to the District Court of Philadelphia: No. 284, to January Term 1869. The proceedings in this case in the court below were commenced under the Sheriff’s Interpleader Act, and arose as follows:— George R. Corry obtained a judgment, August 22d 1866, against William Austin for $7000, on which a fi. fa. was issued, and Austin’s goods sold to Corry, May 24th 1867. On the 25th of May 1867 Amos Funk obtained judgment against Austin for $5849.17, on which a fi. fa. was issued, and the goods which had been sold to Corry seized as the property of Austin. Corry claimed the goods, and under the…
1Opinion of the Court
The opinion of'the court was delivered, May 25th 1869, by
Williams, J.
This writ of error was sued out by Bain and Kern, to reverse the order of the District Court, discharging the rule of interpleader taken by the sheriff in the case of Funk v. Austin. They gave the sheriff notice that they claimed the goods which he had levied on, and was about to sell as the property of Austin, upon the execution issued against him on the judgment in favor of Funk; and thereupon the sheriff obtained a rule on the claimants and the plaintiff in the execution to show cause why they should not maintain or…
2Cases cited1 opinion
- Miller v. SpreeherSupreme Court of Pennsylvania · 1796
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