Blackstaff v. E. I. Du Pont De Nemours Powder Co.

Citations

• 48 Pa. Super. 470
• 1912 Pa. Super. LEXIS 393

Syllabus

<p>Sheriff’s interpleader — Bond—Failure to file bond — Judgment—Acts of May 26, 1897, P. L. 96, and May 8, 1909, P. L. 476.</p> <p>A claimant in a sheriff's interpleader under the Act of May 26, 1897, P. L. 95, who has filed a statement of claim, and ruled the defendant to file an affidavit of defense, is entitled to take judgment in due course for want of an affidavit of defense, although he has not filed a bond. In such a case the mere fact that there was a rule pending to show cause why the claimant should not be allowed to file his own bond without security, does not suspend the proceedings under the rule for judgment. The right to proceed with the issue is not made dependent either upon the filing of a bond or upon an application by the execution creditor to have the goods sold.</p>