Chambers v. Carson
Supreme Court of Pennsylvania
This case came before the Court again (see ante. p. 9,) on a rule obtained on the 14th of February, by Mr. M‘ Glare on behalf of the defendant, to show cause why the judgments upon the scire facias and a levari facias since issued to Dauphin county, should not be set aside. On the hearing, the circumstances appeared to be as follows.
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This case came before the Court again (see ante. p. 9,) on a rule obtained on the 14th of February, by Mr. M‘ Glare on behalf of the defendant, to show cause why the judgments upon the scire facias and a levari facias since issued to Dauphin county, should not be set aside. On the hearing, the circumstances appeared to be as follows. On the 10th day of July, 1789, John Carson, the- defendant’s intestate, gave a mortgage upon certain lands in Dauphin county, to one Frederick Pigou of London, to secure the payment of £3781 5s. 4c?. sterling. Upon this mortgage a scire facias was sued out in the…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
Upon a rule to show cause why the writs of scire facias, together with all the proceedings thereon, including the judgments of revival, should not be set aside, it is objected,—
First. That the writs of scire facias to revive the original judgment in the scire facias on the mortgage, ought to have been sued out of the Court of Common Pleas of Dauphin County, inasmuch as the mortgaged land lies in that county, ana the original scire facias upon the mortgage was sued out from that court. That this course ought to have been adopted and pursued,…
2Cases cited2 opinions
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- President of Schuylkill Navigation Co. v. ThoburnSupreme Court of Pennsylvania · 1821
3Cited by11 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Taylor v. YoungSupreme Court of Pennsylvania · 1872
- M'Millan v. RedSupreme Court of Pennsylvania · 1842
- Rushton v. LippincottSupreme Court of Pennsylvania · 1888
- Hiyer v. HaywardSuperior Court of Pennsylvania · 1900
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