Barndollar v. Fogarty

Citations

• 203 Pa. 617
• 53 A. 492
• 1902 Pa. LEXIS 769

Syllabus

<p>Foreign attachment — •Sheriff's interpleader — Bond and statement of claimant — Filing after expiration of two weeks — Amendment—Act of May 26, 1897, P. L. 95.</p> <p>Where a claimant in foreign attachment does not file his b.ond and statement within two weeks after issue has been awarded as required by the Act of May 26, 1897, P. L. 95, but subsquently files his bond and statement before the plaintiff in the attachment has either asked for an order directing the sheriff to proceed with his writ, or that judgment of non pros, be entered in the issue, the court cannot thereafter enter a non pros, against the claimant, and if the statement which the claimant has filed is defective, tiie defect may be cured by amendment.</p> <p>Sheriff's interpleader — Defective statement — Judgment of nonpros. — Demurrer.</p> <p>If the statement filed in a sheriff’s interpleader is defective the way to get rid of it is by demurrer not by judgment of non pros.</p>