Lesher v. Gehr
Supreme Court of Pennsylvania
THE Venue in this case was laid in Philadelphia, and Judgment being entered, an execution was thereupon issued immediately into Bucks county. obtained a rule to shew cause, why the execution should not be quashed, alledging that it ought to have been preceeded by a Fi. fa. in the county where the Venue was laid, in order to ground a Testatum into Bucks. in shewing cause, contended, that the act of Assembly had departed from the practice in England; and that in directing a…
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THE Venue in this case was laid in Philadelphia, and Judgment being entered, an execution was thereupon issued immediately into Bucks county. obtained a rule to shew cause, why the execution should not be quashed, alledging that it ought to have been preceeded by a Fi. fa. in the county where the Venue was laid, in order to ground a Testatum into Bucks. in shewing cause, contended, that the act of Assembly had departed from the practice in England; and that in directing a Testatum it referred only to the Courts of Common Pleas, which are limitted in jurisdiction to a single county: That the…
1Opinion of the Court
By the Court:
The Legislature before the Revolution prescribed no rules for the Supreme Court; but it is certainly vested with the powers of the King’s Bench and Common Pleas in England; and the practice has been, in general, governed by the same law. Hence, we find, that it was formerly thought necessary to proceed by Testatum in Pennsylvania; and although a contrary practice has lately obtained, it is without the opinion or sanction of the court.
We think, therefore, that this execution must be quashed; and in every future case of the same kind, let a Fi. fa. be filed in the Supreme Court,…
2Cited by2 opinions
- Runkle v. MeyerSupreme Court of Pennsylvania · 1803
- Ulshafer v. StewartSupreme Court of Pennsylvania · 1872