Peterson v. Speer
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was a scire facias on a judgment by William Speer for the use of H. Brunot against Lewis Peterson and Peter Peterson, entered on the 1st of June, 1841, for the sum of $1497.93. Brunot became bail for the defendants for the stay of execution. On the 2d February, 1843, the Petersons were both discharged as bankrupts.
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Error to the District Court of Allegheny county. This was a scire facias on a judgment by William Speer for the use of H. Brunot against Lewis Peterson and Peter Peterson, entered on the 1st of June, 1841, for the sum of $1497.93. Brunot became bail for the defendants for the stay of execution. On the 2d February, 1843, the Petersons were both discharged as bankrupts. A portion of the judgment remaining unpaid, Brunot, the bail, paid it and took an assignment from the plaintiff, Speer, and brought this scire facias to revive it. The defendants pleaded payment and their discharge under the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
This was a scire facias to revive a judgment which William Speer obtained on the 1st June, 1841, against the defendants below, now plaintiffs in error. H. Brunot having paid *485the judgment and taken an assignment of it, the scire facias was sued out in the name of Speer to his use. The defendants pleaded 1. Payment, and 2. Their discharge under the Bankrupt Law of 19th August, 1841. What payments they had made were admitted and applied to the judgment, and on the trial no question was agitated under this plea.
To the plea of discharge under…
2Cases cited2 opinions
- Rogers v. HallSupreme Court of Pennsylvania · 1835
- Gibbs v. NeelySupreme Court of Pennsylvania · 1838