Duncan v. Harris
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Westmoreland county. Harris and Donaldson, the defendants in error, were plaintiffs below.
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IN ERROR. Error to the Court of Common Pleas of Westmoreland county. Harris and Donaldson, the defendants in error, were plaintiffs below. This writ of error was taken for the purpose of setting aside an execution, issued at the instance of the defendants in error against the plaintiff in. error, returnable to May term, 1828. The writ of execution issued on the 20th of April, and the writ of error on the 25 th oí April, 1828. • The judgment against the plaintiff in error was entered by virtue of a power of attorney, and is not now the subject of controversy. It was entered as of August term,…
1Opinion of the Court
Tlie opinion of the court was delivered by
Rogers,, J.
I agree with the counsel for the.defendant in error, that a motion should have been made in the Court of Common Pleas, to set aside the testatum fierifacias, instead of coming into this court for relief, in the first instance/by writ of error. The Court of Common Pleas could have inquired into the transaction in relation to the release of the'execution and.return of the sheriff, vvhich the Supreme Court are in general precluded froth doing. . Enough, however, appears to satisfy us, that the plaintiff’s exception Gannot be sustained. There…
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- Appeal by BetzSupreme Court of Pennsylvania · 1830