Billmeyer v. Evans & Rodenbaugh
Supreme Court of Pennsylvania
Error'to tlie Common Pleas of Union county. This was a decree of the court below, ordering and directing a stay of execution on a judgment against Thompson G. Evans and Jacob Rodenbaugh, in favour of Susan Billmeyer.
Read the full summary
Error'to tlie Common Pleas of Union county. This was a decree of the court below, ordering and directing a stay of execution on a judgment against Thompson G. Evans and Jacob Rodenbaugh, in favour of Susan Billmeyer. The case was this:— On the 12th of July 1860, Thompson G. Evans and Jacob Rodenbaugh executed a judgment, single bill, for f!1000, payable to the order of Mrs. Susan Billmeyer, twelve months after date, with interest and costs, in which was contained this clause, “ and without stay of execution after date of payment.” Judgment was entered thereon in the Common Pleas of Union…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
When the defendants became the debtors of the plaintiff in $1000, the law of Pennsylvania entitled them, if freeholders, to a stay of execution, for one year, on any judgment that should be entered against them, to be computed from the first day of the term at which the suit may have been commenced. But when, on the 12th day of July 1860, they signed a sealed bill, they authorized judgment to be entered against themselves for “the aforesaid sum with interest, costs of suit, release of errors, and without stay of execution after the day of…
2Cases cited2 opinions
- McCracken v. HaywardSupreme Court of the United States · 1844
- Commonwealth v. SwiftSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
- Philadelphia Trust Co. v. Northumberland County Traction Co.Supreme Court of Pennsylvania · 1917
- Atlantic Loan Co. v. PetersonSupreme Court of Georgia · 1935
- Galey v. GuffeySupreme Court of Pennsylvania · 1915
- Gauche v. London & Lancashire Ins.U.S. Circuit Court for the District of Eastern Louisiana · 1881
2 more not listed; retrieve them via the Exa API.