Legal Opinion

Irwin v. Hanthorn

Superior Court of Pennsylvania

Decided December 13, 1897No. Appeal, No. 170PublishedCited by 2 opinions

Appeal, No. 170, Nov. T., 1896, by-plaintiff, from order of C. P. Chester Co., Aug. T., 1896, No. 102, to set aside execution issued for costs. Rule to set aside execution for costs. Before Hemphill, J. It appears from the record that a judgment of compulsorynonsuit was entered against the plaintiff in this case in 1895, and was subsequently affirmed by the Superior Court in 1896 (see Irwin v. Hanthorn, 1 Pa.

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Appeal, No. 170, Nov. T., 1896, by-plaintiff, from order of C. P. Chester Co., Aug. T., 1896, No. 102, to set aside execution issued for costs. Rule to set aside execution for costs. Before Hemphill, J. It appears from the record that a judgment of compulsorynonsuit was entered against the plaintiff in this case in 1895, and was subsequently affirmed by the Superior Court in 1896 (see Irwin v. Hanthorn, 1 Pa. Superior Ct. 149). An execution was subsequently issued for sheriff’s and prothonotary’s fees and costs. This rule was discharged in an opinion by Hemp-hell, J., as follows: This is a…

1Opinion of the Court

Per Curiam,

A scire facias sur mortgage was issued by the plaintiff against the defendants and upon the trial of the issue a verdict was rendered for the defendants. The plaintiff appealed to this court from the judgment entered thereon, and the judgment of the court below was affirmed (1 Pa. Superior Ct. 149). A fi. fa. was afterwards issued to collect the costs. Upon the plaintiff’s petition alleging “that the costs in said case have never been taxed or the amount due ascertained by any process of law whatever ” the court granted a rule to show cause why the execution should not be set…

2Cases cited3 opinions

  1. Irwin v. HanthornSuperior Court of Pennsylvania · 1896
  2. Marks v. BakerSuperior Court of Pennsylvania · 1896
  3. Page v. J. C. McNaughton Co.Superior Court of Pennsylvania · 1896

3Cited by2 opinions

  1. Hotsradt v. Delaware, L. & W. R. R.U.S. Circuit Court for the District of Middle Pennsylvania · 1910
  2. City of Philadelphia v. KellySuperior Court of Pennsylvania · 1923

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