Fidelity & Deposit Co. of Maryland v. Harton

Opinion by

Linn, J.,

This appeal is from an order discharging a rule to show cause why an issue, under the Act of May 26, 1897, P. L. 95, should not be granted to determine the title to personal property; the sheriff had levied on certain road making machinery.

In Commonwealth v. Burns, 14 Pa. Superior Ct. 248, at 257, we thus stated the general principle applicable: “In general, the granting or refusing of an issue is a matter of discretion in the court, which is not even reversible in error, unless an abuse of discretion is made to appear. ‘The court is not to inquire into the merits of the…