L. Strouse & Co. v. Bard

Citations

• 8 Pa. Super. 48
• 1898 Pa. Super. LEXIS 10

Syllabus

<p>Practice, G. P. — Buies of court — Discretion of court — Appellate court will not 'review. • .</p> <p>The courts of common pleas have power under section 10 of the Sheriff's Interpleader Act Of May 26, 1897, P. L. 95, to make general rules governing proceedings thereunder not inconsistent with said acts. Rules 188 to 187 inclusive of Allegheny county, are not at variance with the act.</p> <p>The claimant having failed to file an affidavit within the time required by Rule 184, the appellate court will not review the ease on the merits of the affidavit, or interfere with the discretion of the court below in reference thereto. The fact that the lower court has refused to condone the violation of its rule is an exercise of discretion with which the appellate court will not interfere.</p>