Irwin v. Pittsburgh & Connellsville Railroad
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. The points in this case arose under a rule, granted on motion of the deféndant in a judgment in the court below, to show cause why an execution in the hands of the sheriff against him should not be restricted to the collection of the judgment and interest up to the date of an attachment execution which had been served upon him.
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Error to the District Court of Allegheny county. The points in this case arose under a rule, granted on motion of the deféndant in a judgment in the court below, to show cause why an execution in the hands of the sheriff against him should not be restricted to the collection of the judgment and interest up to the date of an attachment execution which had been served upon him. The case was this: — On the 12th day of October 1858, the Pittsburgh & Connellsville Railroad Company obtained a judgment in the District Court of Alleheny county, against Thomas Irwin for the sum of $2843 ; and on the…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
If there is error here, it ought to be corrected, and we raise no question about the form of the remedy, since the parties do not.
When two or more persons dispute about property or money in the hands of another, who has no interest in the dispute, he ought not to suffer in costs or damages for their litigation, or for the delay of payment or delivery Avhich it occasions, and these ought to be borne by him who wrongfully causes the litigation.
This rule of law is very obviously just, and is enforced wherever the forms of the proceeding are…
2Cases cited1 opinion
- Badeau v. Rogers & SecordNew York Court of Chancery · 1830
3Cited by7 opinions
- Barnes v. BambergerSupreme Court of Pennsylvania · 1900
- In Re BoylanDistrict Court, E.D. Pennsylvania · 1946
- Hess's EstateSuperior Court of Pennsylvania · 1905
- Masse v. QuartucciSuperior Court of Pennsylvania · 1952
- Powers v. SlatterySupreme Court of Pennsylvania · 1938
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