Gain v. Steinberger

Citations

• 36 Pa. Super. 303
• 1908 Pa. Super. LEXIS 159

Syllabus

<p>Judgment — Opening judgment — Sheriff’s interpleader — Bond—Principal and surety.</p> <p>An order opening a judgment entered for want of an affidavit of defense in an action upon a bond given by the surety of the claimant of goods that had been levied upon by the sheriff, upon an execution against another person, will be sustained by the appellate court where it appears that it has not been determined finally by the proper tribunal in a pending issue that the goods are not the claimant’s.</p>