United States v. Simpson
Supreme Court of Pennsylvania
Error to Huntingdon county. In 1819 the United States obtained a judgment against John Patton and William Simpson his surety: — in Í822 a fi.fa. was issued upon it, which was not given to the sheriff, by order of the plaintiff’s attorney: there was no further proceeding until 1826, when a scire facias was issued against both defendants, for whom there was an appearance and plea of payment.
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Error to Huntingdon county. In 1819 the United States obtained a judgment against John Patton and William Simpson his surety: — in Í822 a fi.fa. was issued upon it, which was not given to the sheriff, by order of the plaintiff’s attorney: there was no further proceeding until 1826, when a scire facias was issued against both defendants, for whom there was an appearance and plea of payment. Subsequently, in the same year, Patton confessed judgment; and issue was joined on the plea of payment, with Simpson. Upon the trial of this issue, the defendant gave in evidence the record of several…
1Opinion of the Court
The opinon of the Court was delivered by
Gibson, C. J.
The rule is well settled, that mere forbearance, however prejudicial to the'surety. will not discharge him. It is his peculiar business to judge of the danger to be apprehended from delay, and to quicken the creditor, where the occasion requires it, in the way known to the law; in default of which, the loss incurred is necessarily to be attributed to his own supineness. Was there any thing beside forbearance here? A judgment is entered upon certain revenue bonds in 1819, on which there is no proceeding,but a still-born fieri facias till…
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