Hickman v. Caldwell
Supreme Court of Pennsylvania
This was an appeal from the decision of the Court of Common Pleas of Delaware County, in the distribution of the proceeds of real estate sold by the sheriff under execution. From the record it appeared, that on the thirtieth of December, 1830, a judgment was confessed in the court of Common Pleas of Delaware county, by John Caldwell, in favour of Jinn Black, on a bond of the same date, conditioned for the payment of six hundred dollars on the same day.
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This was an appeal from the decision of the Court of Common Pleas of Delaware County, in the distribution of the proceeds of real estate sold by the sheriff under execution. From the record it appeared, that on the thirtieth of December, 1830, a judgment was confessed in the court of Common Pleas of Delaware county, by John Caldwell, in favour of Jinn Black, on a bond of the same date, conditioned for the payment of six hundred dollars on the same day. On the following day a fieri facias issued on this judgment, which was placed in the hands of the sheriff, with instructions, which, with the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
This case is said to have been ruled below on the authority of Howell v. Alkyn, 2 Rawle, 282; and ruling it by the principles assumed by the judge to whom was assigned, in that case, the duty of pronouncing the judgment of the court, instead of ruling it by the point directly decided, the conclusion drawn by the President of the Common Pleas, could not well have been avoided. 1 feel bound to say, however, that those were not the principles of the cause as settled in consultation, the circumstance intended to have been made the test, being…
2Cases cited3 opinions
- Commonwealth ex rel. Reynolds v. StrembackSupreme Court of Pennsylvania · 1832
- Eberle v. MayerSupreme Court of Pennsylvania · 1829
- Howell v. AlkynSupreme Court of Pennsylvania · 1830
3Cited by6 opinions
- Corlies & Co. v. StanbridgeSupreme Court of Pennsylvania · 1835
- Burleigh v. PiperSupreme Court of Iowa · 1879
- Syfers v. BradleyIndiana Supreme Court · 1888
- M'Coy v. ReedSupreme Court of Pennsylvania · 1836
- Benton v. JacobsLouisiana Court of Appeal · 1923
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