Fitch v. Ross
Supreme Court of Pennsylvania
THIS was a foreign attachment brought in this Court to March Term, 1814, by Pelatiah Fitch and Rufus Bacchus against David Ross and Baptist Loire, in which two houses, the. property of Ross, were attached and the tenants summoned. No property belonging to Loire was attached.
Read the full summary
THIS was a foreign attachment brought in this Court to March Term, 1814, by Pelatiah Fitch and Rufus Bacchus against David Ross and Baptist Loire, in which two houses, the. property of Ross, were attached and the tenants summoned. No property belonging to Loire was attached. Qn the 30th April, 1816, judgment was obtained, and a writ of in-r ’ J 2. . , „ quiry returnable to December Term, 18.16, was executed, under which the damages were assessed for the plaintiff, in the sum of 12,715 dollars. On the 20th February, 1818, a fieri facias issued, returnable to March Term, which was levied on the…
1Opinion of the Court
Duncan J.
If the action is not abated or dissolved by the death pf the defendant, the proceedings on it are regular. *563An execution, tested as of a term when the defendant was alive, may be taken out and executed after his death. To make a scire facias necessary, the process must appear on its face, to have issued after the death of the party. Whatever may be the practice under the custom of London, as to giving security * 4 *i '*■* * to restore the goods and effects, if the debt be disproved, before execution be taken'out, a different practice has prevailed here, justified by the act regulating…
2Cases cited1 opinion
3Cited by4 opinions
- Porter v. HildebrandSupreme Court of Pennsylvania · 1850
- Farmers' & Mechanics' Bank v. LittleSupreme Court of Pennsylvania · 1844
- Ionian Bank, Ltd. v. MamatosSupreme Court of Pennsylvania · 1940
- Bushel v. Commonwealth InsuranceSupreme Court of Pennsylvania · 1827