Holt v. Bodey
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Montgomery county. This was a scire facias to revive the lien of a judgment entered in favor of Jesse Holt v. Joseph H. Bodey and Henry Bodey, Senior. Joseph H. Bodey and Henry Bodey, Senior, on the 1st day of April, 1842, executed a bond with warrant of attorney to Samuel Thomas, conditioned for the payment of $800 on 1st April, 1843, with interest.
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Error to tbe Common Pleas of Montgomery county. This was a scire facias to revive the lien of a judgment entered in favor of Jesse Holt v. Joseph H. Bodey and Henry Bodey, Senior. Joseph H. Bodey and Henry Bodey, Senior, on the 1st day of April, 1842, executed a bond with warrant of attorney to Samuel Thomas, conditioned for the payment of $800 on 1st April, 1843, with interest. On 1st July, 1844, the executors of the will of Samuel Thomas assigned the bond and warrant to Jesse Holt, the plaintiff, who, on the same day, had judgment éntered in the Common Pleas of Montgomery county, against…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
To get at the principles of this ease by the nearest road, it may suffice to state that here was a bond by two, and a judgment entered upon it, and now on a scire facias to revive the judgment, one of them suffers judgment by default, and the other takes defence on the ground that he was surety in the bond, and that the plaintiff released from the lien of the judgment, property of the other defendant of sufficient value to secure the debt.
Principles of equity are law with us because we receive them as rules of right, and accommodate our…
2Cases cited1 opinion
- Neimcewicz v. GahnNew York Court of Chancery · 1831
3Cited by4 opinions
- Beaver Trust Co. v. MorganSupreme Court of Pennsylvania · 1918
- First National Bank & Trust Company v. StolarSuperior Court of Pennsylvania · 1937
- Fidelity & Deposit Co. v. PhillipsSupreme Court of Pennsylvania · 1912
- Schwarz's EstateSupreme Court of Pennsylvania · 1927