Legal Opinion

Commonwealth ex rel. George v. McPhilips

Supreme Court of Pennsylvania

Decided March 13, 1916No. Appeal, No. 206Published

Appeal, No. 206, Jan. T., 1915, by plaintiff, from order of C. P. Chester Co., Jan. T., 1915, No. 27, discharging rule for judgment for part of plaintiff’s claim, in case of Commonwealth of Pennsylvania, to use of Mary C. George, v. John McPhilips and D. Walter Rickabaugh. Rule for judgment for want of a sufficient affidavit of defense. Before Butler, J. The opinion of the Supreme Court states the facts. The court discharged the rule. Plaintiff appealed.

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Appeal, No. 206, Jan. T., 1915, by plaintiff, from order of C. P. Chester Co., Jan. T., 1915, No. 27, discharging rule for judgment for part of plaintiff’s claim, in case of Commonwealth of Pennsylvania, to use of Mary C. George, v. John McPhilips and D. Walter Rickabaugh. Rule for judgment for want of a sufficient affidavit of defense. Before Butler, J. The opinion of the Supreme Court states the facts. The court discharged the rule. Plaintiff appealed. Error assigned was in discharging the rule.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This is a rule for judgment for “that part of the plaintiff’s claim which represents the difference between the amount of the plaintiff’s claim as set forth in her statement and the amount of the alleged set-off appearing in the affidavit of defense.” The rule was discharged, and the plaintiff has appealed.

The action was assumpsit on a sheriff’s interpleader bond, brought by the Commonwealth to the use of Mary C. George against McPhilips, the principal, and Rickabaugh, the surety. By virtue of an execution issued by one Jacobs, the sheriff levied upon the…

2Cases cited2 opinions

  1. Seeley v. GareySupreme Court of Pennsylvania · 1885
  2. Comegys v. DavidsonSupreme Court of Pennsylvania · 1893

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