Berger & Wirth v. H. W. Juergen & Co.

Citations

• 7 Pa. Super. 388
• 1898 Pa. Super. LEXIS 309

Syllabus

<p>Sheriff's interpleader — Refusal of issue — Right of Appeal — Act of 1897.</p> <p>The Act of May 26, 1897, P. L. 95, does not take away the discretionary power of the court to inquire into a claimant’s right in a sheriffs inter-pleader proceedings, and to refuse the issue when such course is required under the circumstances of any given ease.</p> <p>A claimant does not disclose a good prima facie title when, relying upon an alleged bill of sale, on return of a rule to showcause, his affidavit fails to aver when the bill of sale was delivered, whether before or after the issuing of the execution, and whether possession was ever given ; under such circumstances it certainly is not error, much less an abuse of discretion, on the part of the court to refuse to tie up an execution and put the parties to the expense of a jury trial.</p> <p>Whether the act of May 26, 1897, has changed the law so as to give a right of appeal, from an award or refusal of an issue under the sheriff’s interpleader act as a matter of right, in the strict sense of the term, appeal, not decided.</p>