Stewart v. Martin
Supreme Court of Pennsylvania
THIS case came up by writ of error from the court of common pleas of Cumberland county, in which the plaintiff in error, James Stewart, who was defendant below, was sued by writ oí scire facias, issued from the court of common pleas of that county, on a recognizance taken in the orphan’s court of the same county, for securing a sum of money to Eleanor Martin, late Eleanor Stewart, in lieu of dower.
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THIS case came up by writ of error from the court of common pleas of Cumberland county, in which the plaintiff in error, James Stewart, who was defendant below, was sued by writ oí scire facias, issued from the court of common pleas of that county, on a recognizance taken in the orphan’s court of the same county, for securing a sum of money to Eleanor Martin, late Eleanor Stewart, in lieu of dower. This recognizance was given on the 17th of September 1811, by James Stewart and Andrew M’Elwain, who severally bound themselves to Thomas Martin and Eleanor his wife, late Eleanor Stewart, in the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
There was error in entering the judgment, for what is termed the penalty of the recognizance. The scire facias prayed an award of execution for the interest of the 582 dollars 8 cents, and the verdict and judgment could be properly rendered for money due *202on that account only. It is not like an action of debt for a penalty, with a condition to pay instalments, in which a cautionary judgment has been allowed to be entered to secure the payment of future instalments, and where no other action can be brought on the bond. This scire facias is…
2Cases cited6 opinions
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Obermyer v. NicholsSupreme Court of Pennsylvania · 1813
- Easton v. WorthingtonSupreme Court of Pennsylvania · 1819
- Romig v. RomigSupreme Court of Pennsylvania · 1830
- Clark v. BarlowNew York Supreme Court · 1809
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- County of Beaver v. ArmstrongSupreme Court of Pennsylvania · 1863
- Luther v. WagnerSupreme Court of Pennsylvania · 1884
- McQuesney v. HiesterSupreme Court of Pennsylvania · 1859
- Albright v. PickleSupreme Court of Pennsylvania · 1805
- Evans & Shearer v. RossSupreme Court of Pennsylvania · 1884
6 more not listed; retrieve them via the Exa API.