Templeton v. Shakley
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Armstrong county: Of October Term, 1884, No. 116. Scire facias brought by P. A. Templeton and J. Y. Foster against A. T. Spenee, Daniel M. Shakley and H. P. Shakley. The scire facias was in form to revive a judgment and continue the lien, but it was treated throughout the trial as a sci. fa. to liquidate damages arising from a breach in the conditions of a bond.
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Error to tbe Court of Common Pleas of Armstrong county: Of October Term, 1884, No. 116. Scire facias brought by P. A. Templeton and J. Y. Foster against A. T. Spenee, Daniel M. Shakley and H. P. Shakley. The scire facias was in form to revive a judgment and continue the lien, but it was treated throughout the trial as a sci. fa. to liquidate damages arising from a breach in the conditions of a bond. On tbe trial, before Neale, P. J., the following facts appeared: About July 1, 1874, in consideration of tbe loan of 8,000 barrels of oil, the defendants gave the plaintiffs a bond (in form a…
1Opinion of the CourtJustice Clark
The questions presented upon this record arise upon a scire facias, which, in form, is to revive judgment, continue lien, &e.; it has been treated, however, throughout the trial by both counsel and court as a scire facias to liquidate the damages arising from a breach of the condition in the bond, and to ascertain the balance, if any, due thereon ; the cause having been so tried we will consider it as if breaches had been formally assigned. A judgment on warrant of attorney without writ is not within the Statute of 8 and 9 William III, cap. 11, or of our own Statute of 14th June, 1836 ;…
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