Everly v. Rice
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a scire facias post an. et diem to revive a judgment entered on a bond executed by Martha J. Everly to John P. Eice. The judgment of Rice was entered to June Term, 1842. On 8th February, 1845, a scire facias post annum et diem, and to revive the judgment, was issued. To this scire facias the defendant pleaded payment, with leave, and gave notice of special matter.
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Error to the District Court of Philadelphia. This was a scire facias post an. et diem to revive a judgment entered on a bond executed by Martha J. Everly to John P. Eice. The judgment of Rice was entered to June Term, 1842. On 8th February, 1845, a scire facias post annum et diem, and to revive the judgment, was issued. To this scire facias the defendant pleaded payment, with leave, and gave notice of special matter. See the statement referred to in the opinion of Black, C. J. Yerdict was rendered for plaintiff, and was entered for $889.68.
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
Miller N. Everly, the son of the plaintiff in error, was indebted to Rice in the sum of $1000, for which he gave his judgment bond and a mortgage on certain property in New Jersey. Rice, being advised that Everly’s title to the mortgaged premises was worthless, entered judgment on the bond in the District Court of Philadelphia, issued execution, and levied on personal property. Mrs. Everly, the present plaintiff, then gave her bond, payable in a year, in consideration that Rice should stay proceedings for that time. He did stay his…
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