Coulter v. Selby
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. On the 17th of October 1832, judgment was obtained by James Selby against John Coulter for $5624.88. This judgment was from time to time revived, the last entry being on the 28th of May 1856, for $18,487.89. On the 22d of September 1859, the death of John Coulter was suggested, and the substitution of Ashton, as his administrator, made upon the record.
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Error to the District Court of Philadelphia. On the 17th of October 1832, judgment was obtained by James Selby against John Coulter for $5624.88. This judgment was from time to time revived, the last entry being on the 28th of May 1856, for $18,487.89. On the 22d of September 1859, the death of John Coulter was suggested, and the substitution of Ashton, as his administrator, made upon the record. John Coulter died on or about the 16th day of December 1857. A scire facias to revive judgment, et quare executionem non, was then issued to September Term 1859, No. 901, as follows — James Selby v.…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The error assigned is to the refusal of the court to allow the widow and heirs to amend and plead to this sci. fa. quare ex. wow, that they took nothing by descent from their intestate. The plea, beside being a novelty, was of no use *360to them. The object of the sei. fa. was not an action to establish a debt, but simply to authorize execution on an existing judgment, if cause to the contrary were not shown by the heirs or terre-tenants. Satisfaction was not to bo had of them personally, because they might not be able to show cause why…
2Cited by2 opinions
- Messmore ex rel. Messmore v. WilliamsonSupreme Court of Pennsylvania · 1899
- Commonwealth v. Dunmeyer Estate, Pennsylvania Court of Common Pleas, Somerset County1974