Liquid Carbonic Co. v. Shuster Gormley Co.
Superior Court of Pennsylvania
Liquid Carbonic Co. v. Shuster Gormley Co., 64 Pa. Super. 74 (1916)
1916 Pa. Super. LEXIS 246
Henderson, Kephart, Oklady, Orlady, Trexler, Williams
Liquid Carbonic Co. v. Shuster Gormley Co.
Opinion of the Court
Opinion by
As stated by the court below, there is only one matter of fact in dispute between these parties, and that was fully and adequately submitted to the jury. The sheriffs interpleader acts were passed for the relief of that officer and other similar officers: Bain v. Funk, 61 Pa. 185; Necker v. Sedgwick, 36 Pa. Superior Ct. 593, and when the sheriff complies with their requirements he is relieved from liability: Book v. Sharpe, 189 Pa. 44; Morrison v. Nipple, 39 Pa. Superior Ct. 184.
The opinion filed overruling the motion for judgment non obstante veredicto, and for a new trial furnishes a complete answer to the argument of the appellant.
The judgment is affirmed.
Reference
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- Syllabus
- Execution—Interpleader—Failure to pay appraisement fee—Replevin. Where property levied upon by execution process as the property of the defendant in a judgment is claimed by a third party, but the claimant refuses to pay to the sheriff the $4.00 appraisement fee provided by the Act of May 26, 1897, P. L. 95, as amended by the Act of May 8, 1909, P. L. 475, and the sheriff sells the property, the claimant is not barred .by his refusal to pay the fee from maintaining an action of replevin against the purchaser of the property in question.