61 Pa. 185 | Pa. | 1869
The opinion of'the court was delivered, May 25th 1869, by
This writ of error was sued out by Bain and Kern, to reverse the order of the District Court, discharging the rule of interpleader taken by the sheriff in the case of Funk v. Austin. They gave the sheriff notice that they claimed the goods which he had levied on, and was about to sell as the property of Austin, upon the execution issued against him on the judgment in favor of Funk; and thereupon the sheriff obtained a rule on the claimants and the plaintiff in the execution to show cause why they should not maintain or relinquish their respective claims to the property; on the hearing, the District Court discharged the rule, and the plaintiffs in error complain of this, and insist that the court erred in refusing to direct an issue to be framed between the parties.
We do not see that the claimants of the goods levied on have any cause to complain of the discharge of the rule taken by the sheriff. It did them no possible harm. It did not affect their title
But there is another reason equally decisive, for holding that a writ of error will not lie in this case. It only brings up the record, it does not bring up the affidavits, and we cannot look into them. The facts on which the action of the court was based, whether proved or admitted, are no part of the record. All that the record exhibits is the rule and the order of the court discharging it. As there is no bill of exceptions to evidence on a motion for summary relief, the refusal of the court to award an issue, to try the claimant’s title to the goods taken in execution by the sheriff, cannot be reviewed in this court: Miller v. Spreeher, 2 Yeates 162; Shortz v. Quigley, 1 Binn. 224; Renninger v. Thompson, 6 S. & R. 1; Brown v. Ridgway, 10 Barr 42; Lindsley v. Malone, 11 Harris 28; Neil v. Tate, 3 Casey 208. When the court acts on extrinsic evidence, the presumption is, that everything was done rightly and according to law.
Writ of error quashed.