Cassiday v. M'Kenzie
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Cambria county. John M’Kenzie, administrator of Eli M’Kenzie, deceased, against the executors of Peter Cassiday, deceased. Scire facias quare executio non.
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ERROR to the Common Pleas of Cambria county. John M’Kenzie, administrator of Eli M’Kenzie, deceased, against the executors of Peter Cassiday, deceased. Scire facias quare executio non. The plaintiff gave in evidence the original judgment of Eli M’Kenzie against Cassiday’s executors, dated the 4th of April 1837, for $332.78, and a testatum fieri facias to Huntingdon* county to January term 1838, returned “ not executed,” alias testatum fieri facias to April term 1838, returned “ nulla bona.” After suggesting the death of the plaintiff on the 3d of October 1839, and substituting his…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— This was a scire facias upon a judgment, to which the defendant pleaded payment, and for the purpose of supporting the issue, after proving the execution of the instrument by the subscribing witness in due and proper form, gave in evidence the following order, (see statement of the case), and then offered Robert Burgoon as a witness to prove, that in pursuance of the order he paid to him at divers times certain sums of money in payment of the debt. Being sworn on his voir dire, he says, “ that he does not know whether he is interested'or…
2Cases cited2 opinions
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- Long v. BailieSupreme Court of Pennsylvania · 1818
3Cited by13 opinions
- Cleveland v. WilliamsTexas Supreme Court · 1867
- Catlin v. ReedSupreme Court of Oklahoma · 1929
- Ish v. CraneOhio Supreme Court · 1862
- Travers v. CraneCalifornia Supreme Court · 1860
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
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