Philadelphia Fire & Inland Navigation Company's Appeal
Supreme Court of Pennsylvania
Appeal from the District Court. March 6. — The Mechanics’ and Tradesmen’s Loan Company entered judgment on warrant of attorney, in November, 1837, on which a scire facias was issued, reciting the original judgment and that execution remained to be done, and commanding the sheriff to warn defendant to show cause why plaintiff ought not to have execution.
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Appeal from the District Court. March 6. — The Mechanics’ and Tradesmen’s Loan Company entered judgment on warrant of attorney, in November, 1837, on which a scire facias was issued, reciting the original judgment and that execution remained to be done, and commanding the sheriff to warn defendant to show cause why plaintiff ought not to have execution. On this, judgment was entered in March, 1842. . Appellants subsequently obtained a judgment, on which the property was sold, and the question was as to the lien of the Loan Company, which the court decided bound the property.
1Opinion of the Court
Per Curiam. —
The very point before us was ruled at tire last term at Pittsburgh, in Tiernan v. Dougherly, in which it was held, that the lien of a judgment may be revived as -well by a scire facias post annum et diem as by the writ directed in the act of 1798; and this, on the ground that it would produce a scene of general ruin to decide otherwise. Though the practice of the profession was for many years irregular in this respect, we dare not disturb it, and the point must be considered as at rest.
Decree affirmed.
2Cited by2 opinions
- Ramsey v. RamseySuperior Court of Pennsylvania · 1900
- Beck v. FinnefrockSuperior Court of Pennsylvania · 1919