Share v. Becker
Supreme Court of Pennsylvania
In Error. A SCIRE FACIAS issued in the Court of Common Pleas of Lancaster county, to which this was a writ of error, to revive a iudament obtained by Christian Becker, the defendant in error, against Henry Share, the plaintiff in error, and one Rank. The writ was returned, “ served” as to Share, and “ non est inventus” as to Rank.
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In Error. A SCIRE FACIAS issued in the Court of Common Pleas of Lancaster county, to which this was a writ of error, to revive a iudament obtained by Christian Becker, the defendant in error, against Henry Share, the plaintiff in error, and one Rank. The writ was returned, “ served” as to Share, and “ non est inventus” as to Rank. The following were the pleadings on the docket: — “ Henry Share pleads merit, with 'leave, &c. also, that no such award or judgmerit wets ever rendered or exists against him, as stated in the ahove scire facias. Replication ; that there is such an award; non solvit…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
In an action of debt on a record, or scire facias, where the record is the foundation of the action, and not merely inducement, where its existence is put in issue, or a variance in its statement, nul tiel record is the proper plea. In a scire facias post annum et, diem, the defendant is called on to shew cause, why execution should not go on the judgment. It is a maxim of law, that there can be no averment in pleading against a record, though there may be against its operation, and therefore, no matter of defence can be pleaded, which existed…
2Cases cited2 opinions
- Snider v. CroyNew York Supreme Court · 1807
- M'Farland v. IrwinNew York Supreme Court · 1811
3Cited by2 opinions
- Neff v. BarrSupreme Court of Pennsylvania · 1826
- Durand v. Halbach, Pennsylvania Court of Common Pleas, Philadelphia County1835