Tams v. Wardle
Supreme Court of Pennsylvania
THE plaintiff, William Tams, recovered judgment in this court on a scire facias against the defendant, Thomas Wardle, at June term 1842, for $3889.82, and issued a fieri facias to December 1842, which was returned levied, and the sheriff sold personal property to the amount of $1686.69. An alias fieri facias was then issued to March term 1843, which had not been returned.
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THE plaintiff, William Tams, recovered judgment in this court on a scire facias against the defendant, Thomas Wardle, at June term 1842, for $3889.82, and issued a fieri facias to December 1842, which was returned levied, and the sheriff sold personal property to the amount of $1686.69. An alias fieri facias was then issued to March term 1843, which had not been returned. At the same time the' plaintiff issued an attachment of execution, which was levied on alleged debts due by various persons to the defendant, and a rule was obtained on behalf of the defendant to quash the attachment of…
1Per curiam
The plaintiff can only have one satisfaction, and is entitled to all process necessary to obtain that. The mere issuing of an-attachment is not itself so inconsistent with a fieri facias, on which no levy appears, to have been made, as to . be improper. Perhaps no levy in fact has been made on the alias fieri facias, or if there has, yet the property was subject to prior levies, or for other reasons it may not yield the plaintiff’s debt. In that case it would be unjust to tie his hands, and leave other creditors, to- intervene. If any circumstance exists entitling the defendant to relief, it…
2Cited by7 opinions
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- Stiffler's EstateSuperior Court of Pennsylvania · 1922
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