Dale v. Pierce
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county: Of October and November Term 1877, No. 150. This was a feigned issue under the Sheriff’s Interpleader Act, in which George Dale, the plaintiff, claimed, as his sole property, certain cattle which had been levied upon by Joseph Pierce, the defendant, as the property of George J. New. The plaintiff produced the evidence which will be found, in substance, in the opinion of this court and there rested.
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Error to the Court of Common Pleas of Washington county: Of October and November Term 1877, No. 150. This was a feigned issue under the Sheriff’s Interpleader Act, in which George Dale, the plaintiff, claimed, as his sole property, certain cattle which had been levied upon by Joseph Pierce, the defendant, as the property of George J. New. The plaintiff produced the evidence which will be found, in substance, in the opinion of this court and there rested. The court below, Hart, P. J., granted a compulsory nonsuit, and refused a subsequent motion to take it off on the grounds that, 1. The…
1Opinion of the CourtJustice Sterrett
The plaintiff in error, in his notice to the sheriff as well as in answer to the rule, claimed the absolute ownership of the cattle levied on as the property of New; and it was upon this claim that the issue, which he tendered and undertook to maintain, was awarded. He assumed the onus of proving what he asserted, and if he failed to adduce testimony tending to prove that he was the sole owner of the cattle in controversy, the judgment of nonsuit was properly entered. He could not succeed by offering testimony tending to show, or even by proving a limited or qualified interest in them: Meyers…
2Cited by1 opinion
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