Szajnecki v. Szajnecki

Citations

• 71 Pa. Super. 487
• 1919 Pa. Super. LEXIS 141

Syllabus

<p>Practice, G. P. — Interpleader—Discretion of court — Act of March 11,1886, P. L. 76, Section If.</p> <p>The granting of an interpleader is not mandatory, but is within the discretion of the court, which must be exercised judicially and not arbitrarily. Where there are two rival claimants for a fund, each having a show of right, and where the legality of their respective claims cannot be determined on petition and answer, an inter-pleader is properly awarded.</p> <p>Gontracts — Sunday law — Promise in consideration of marriage— Subsequent ratification.</p> <p>Contracts made on Sunday are not void in the sense that they do not admit of ratification, and where an agreement in consideration of marriage is made on Sunday, such a contract is binding, if the marriage has subsequently been consummated.</p>