Hall v. Vanderpool

Citations

• 156 Pa. 152
• 26 A. 1069
• 1893 Pa. LEXIS 1322

Syllabus

<p>Discontinuance — Discretion—Beview.</p> <p>The allowance or refusal of a discontinuance is within the discretion of the court below, and is not reviewable by the Supreme Court.</p> <p>Evidence — Withholding testimony — Charge of court.</p> <p>Where evidence which would properly be part of a ease, is within the control of the party whose interest it would naturally be to produce it, and without satisfactory explanation he fails to do so, the jury may draw an inference that it would be unfavorable to him. In such a case the Supreme Court will not reverse, because the trial judge used the word “ presumption” instead of “ inference,” if the remainder of the charge shows that he did not intend to give binding instructions.</p> <p>Execution — Interpleader.</p> <p>The sheriff had in his hands two writs of execution, the first in favor of D. H. Crimmins against Nelson Vanderpool and Warren Hall, and the second in favor of Martin Vanderpool against Nelson Vanderpool. He levied upon personal property found in possession of Nelson Vanderpool on both writs at the same time. Warren Hall and Eunice Hall claimed all the property. Held, that as long as the claim of Eunice Hall was undetermined, the sheriff had a right to an interpleader.</p> <p>Successive executions — Fraud—Priority of lien.</p> <p>Where five successive pluries fi. fa.’s have been issued during a period of nearly two years, and not in good faith, but to protect the debtor’s property from other creditors, the last writ will lose its priority over earlier writs of other creditors.</p>