Bain v. Lyle
Supreme Court of Pennsylvania
March 1st and 2d 1871. Before Thompson, 0. J., Agnew, Sharswood and Williams, JJ. Bead, J., at Nisi Prius. Error to the District Court of Philadelphia: Of January Term 1870, No. 852. In the court below James Bain and James N. Kern, trading as Bain & Kern, on the 19th of September 1868, brought an action of trespass d. b. a. against Peter Lyle, sheriff of Philadelphia.
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March 1st and 2d 1871. Before Thompson, 0. J., Agnew, Sharswood and Williams, JJ. Bead, J., at Nisi Prius. Error to the District Court of Philadelphia: Of January Term 1870, No. 852. In the court below James Bain and James N. Kern, trading as Bain & Kern, on the 19th of September 1868, brought an action of trespass d. b. a. against Peter Lyle, sheriff of Philadelphia. On the 23d of August 1866, judgment was entered on a bond and warrant of attorney in favor of Greorge B. Corry against William Austin for $7000. On the 11th of May 1867, a fi. fa. was issued on this judgment, and his personal…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
A verdict and judgment in a feigned issue under the Sheriff’s Interpleader Act of April 10th 1848, Pamph. L. 450, is a judicial proceeding, which is final and conclusive upon the parties and their privies, as to the question tried and decided in it: Marsh v. Pier, 4 Rawle 273; Smith v. Elliott, 9 Barr 345. That such a verdict and judgment rests on the same principle as all other judicial determinations of controversies wras recognised in King v. Faber, 1 P. F. Smith 387. Interest reir publicce ut sit finis litium. Privity in the sense in…
2Cases cited3 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Chaffee v. SangstonSupreme Court of Pennsylvania · 1840
- Sedgwick's AppealSupreme Court of Pennsylvania · 1844
3Cited by8 opinions
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Pott v. LesherSupreme Court of Pennsylvania · 1795
- Meyer v. KnightSuperior Court of Pennsylvania · 1902
- Taylor v. EllisSupreme Court of Pennsylvania · 1901
- Miller v. FeldsteinSupreme Court of Pennsylvania · 1966
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