Commonwealth v. McNaught

Citations

• 28 Pa. Super. 369
• 1905 Pa. Super. LEXIS 203

Syllabus

<p>Execution — Sheriff’s interpleader — Bond—Appeal.</p> <p>A bond in an appeal by a claimant from an order refusing an issue in a sheriff’s interpleader proceeding, and conditioned to prosecute the appeal and pay costs and damages does not give the claimant the right to take possession of the goods. If, therefore, the sheriff sells the goods and the first execution creditor agrees that distribution of the proceeds of the sale shall be made to junior execution creditors, he cannot after the affirmance of the judgment on the appeal, proceed on the bond given by the claimant.</p>