Pollock v. Harvey 148 Pa. 536

Pollock v. Harvey, Appellant.

April 18, 1892:

Argued March 28, 1892.

Appeal, No. 137, Jan. T., 1892, from judgment of C. P. No. 3, Phila. Co., March T., 1889, No. 244, for want of a sufficient affidavit of defence, against defendants, John L. Harvey and George A. Doyle.

Before Paxson, C. J., Green, Williams, McCollum, Mitchell and Heydrick, JJ.

Suit on interpleader bond.

This was a proceeding upon the interpleader bond in the foregoing matter, in which the court below gave judgment for want of a sufficient affidavit of defence, the affidavit in the case setting up the same matters which were relied upon by the affiant in his application to the court to open the judgment of non-suit. The court gave judgment for want of a sufficient affidavit and defendant appealed.

Errors assigned were (1, 2, 3) same as in the preceding appeal ; (4) entering judgment for want of a sufficient affidavit of defence.

William E. Burnett, John Sparhawh, Jr., with him, for appellants.

James Aylward Bevelin, for appellee, not called on.