Myer v. Fegaly
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was a scire facias to April Term 1860, No. 98, to revive a judgment entered to January Term 1855, No. 129, in the name of John Fegaly, for the use of E. Shober, against John Bobb, with notice to Michael Myer, terre-tenant, to which Myer appeared and pleaded nul tiel record, payment, and payment with leave.
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Error to the Common Pleas of Lancaster county. This was a scire facias to April Term 1860, No. 98, to revive a judgment entered to January Term 1855, No. 129, in the name of John Fegaly, for the use of E. Shober, against John Bobb, with notice to Michael Myer, terre-tenant, to which Myer appeared and pleaded nul tiel record, payment, and payment with leave. The point in the case was whether a judgment entered against John Bobb was a lien on certain real estate conveyed to Myer by John Bubb and wife, the variance being a single vowel in the name of the defendant. The following record evidence…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
Courts cannot administer justice properly by a strict adherence to general customs, and by overlooking the modifications or limitations of them by special and local customs. Even the language of a people, usually the most universal of its customs, is subject to local differences, which must be respected in the ascertainment of rights. The language spoken in some of the old German parts of this state, is a special custom of this sort. It is neither correct German, nor correct English; and yet it is the means of verbal intercourse among a…
2Cited by11 opinions
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- Alexis v. United StatesCourt of Appeals for the Fifth Circuit · 1904
- Delaney v. BeckerSuperior Court of Pennsylvania · 1900
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