Spicks v. Prospect Brewing Co.
Superior Court of Pennsylvania
Appeal, No. 258, Oct. T., 1901, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1899, No. 620, on verdict for plaintiff in case of George W. Spicks v. The Prospect Brewing Company. Sheriff’s interpleader to determine the title to personal property in the St. Albans hotel at Second and Walnut streets, Philadelphia.
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Appeal, No. 258, Oct. T., 1901, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1899, No. 620, on verdict for plaintiff in case of George W. Spicks v. The Prospect Brewing Company. Sheriff’s interpleader to determine the title to personal property in the St. Albans hotel at Second and Walnut streets, Philadelphia. At the trial it appeared that the Prospect Brewing Company issued a writ of fieri facias against Alexander Glenz, proprietor of the hotel on January 27, 1900, at 9:45 A. M., and that this time was indorsed upon the writ. A levy was made on the same day, and the…
1Opinion of the Court
Opinion by
Beaver,
In the S9th section of the Act of June 16,1836, P. L. 755, it is provided: “ No writ of fieri facias or other writ of execution shall bind the property or the goods of the person against whom such writ of execution is sued forth, but from the time such writ shall be delivered to the sheriff, under-sheriff or coroner to be executed.” By the terms of the 40th section of the same act, it is made the duty of the sheriff or other officer, receiving such writ, to “ indorse thereon the day of the month, the year and the hour of the day whereupon he or they received the same.” Since…
2Cases cited2 opinions
- Braden's Estate.Supreme Court of Pennsylvania · 1895
- Samuel v. Knight & Co.Superior Court of Pennsylvania · 1899
3Cited by3 opinions
- In Re MessengerDistrict Court, E.D. Pennsylvania · 1940
- Williams Patent Crusher & Pulverizer Co. v. ReilySuperior Court of Pennsylvania · 1935
- Gilberton Coal Co. v. Felty, Pennsylvania Court of Common Pleas, Schuylkill County1944