White v. Rech
Supreme Court of Pennsylvania
Appeal, No. 294, Jan. T., 1895, by-defendants, from judgment of C. P. No. 2, Phila. Co., June T., 1891, No. 793, on verdict for plaintiffs. Feigned issue to determine the ownership of property taken in execution. Before Pennypacker, J. The material facts appear by the opinion of the Supreme Court. A claim for the property levied on was made by Charles White and Thomas R. White, trading as Charles White & Brother, and the ordinary sheriff’s rule for interpleader was taken.
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Appeal, No. 294, Jan. T., 1895, by-defendants, from judgment of C. P. No. 2, Phila. Co., June T., 1891, No. 793, on verdict for plaintiffs. Feigned issue to determine the ownership of property taken in execution. Before Pennypacker, J. The material facts appear by the opinion of the Supreme Court. A claim for the property levied on was made by Charles White and Thomas R. White, trading as Charles White & Brother, and the ordinary sheriff’s rule for interpleader was taken. This rule was resisted by the counsel for the execution creditors upon the ground that the debt for which the judgment was…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
A brief outline of the salient facts of this case will not only conduce to a clearer understanding of the controlling questions involved, but may perhaps also suggest the proper solution thereof.
In August, 1891, Jacob Rech & Soils, defendants in this issue, brought suit against Charles White, one of the plaintiffs, on three promissory notes made by him individually and payable at thirty, sixty and ninety days from May 12, 1891, and on September 21, following, recovered a judgment against him for want of an affidavit of defense. It is not claimed that there…
2Cases cited5 opinions
- Bain v. FunkSupreme Court of Pennsylvania · 1869
- Ross v. HowellSupreme Court of Pennsylvania · 1877
- Callender & Co. v. RobinsonSupreme Court of Pennsylvania · 1880
- Zacharias v. TottonSupreme Court of Pennsylvania · 1879
- Dengler v. BuettnerSupreme Court of Pennsylvania · 1889
3Cited by4 opinions
- Book v. DaySupreme Court of Pennsylvania · 1899
- Brackney v. Crafton BoroughSuperior Court of Pennsylvania · 1906
- Berger & Wirth v. H. W. Juergen & Co.Superior Court of Pennsylvania · 1898
- Knowles v. JacobsSuperior Court of Pennsylvania · 1897