McKibbin v. Martin
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 10 and 11, to July Term 1869. The cases, the subject of these writs of error, were two feigned issues under the Sheriffs’ Interpleader Act, in both of which Chambers McKibbin was claimant and plaintiff; Thomas J. Martin was tbe defendant in one issue and Charles D. Kline in the other.
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Error to the District Court of Philadelphia: No. 10 and 11, to July Term 1869. The cases, the subject of these writs of error, were two feigned issues under the Sheriffs’ Interpleader Act, in both of which Chambers McKibbin was claimant and plaintiff; Thomas J. Martin was tbe defendant in one issue and Charles D. Kline in the other. The issues depended on the same facts and were tried together January 13th 1869, before Hare, P. J. The defendants had respectively recovered judgments against Jeremiah and W. C. McKibbin, who composed the firm of J. & W. C. McKibbin, and had been proprietors and…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— There are probably no more difficult and embarrassing questions than those which relate to the respective provinces of the court and of the jury to determine what is law and what is fact. It would require a volume to consider the subject in all its bearings, and deduce accurate and intelligible principles from the great mass of the decided cases, and a philosophical treatise on this important head is still I think a desideratum, of our legal literature. There are undoubtedly some rules clearly established — these ' are plain lines of…
2Cases cited3 opinions
- Young v. M'ClureSupreme Court of Pennsylvania · 1841
- Avery v. StreetSupreme Court of Pennsylvania · 1837
- Hoffner v. ClarkSupreme Court of Pennsylvania · 1840
3Cited by30 opinions
- Chester School District's AuditSupreme Court of Pennsylvania · 1930
- Shipler v. New Castle Paper Products Corp.Supreme Court of Pennsylvania · 1928
- Barlow v. FoxSupreme Court of Pennsylvania · 1902
- Bowersox v. Weigle & MyersSuperior Court of Pennsylvania · 1921
- Hanover Township School District's AuditSupreme Court of Pennsylvania · 1919
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