Vitry ex rel. Vitry v. Dauci
Supreme Court of Pennsylvania
Judgment was entered in this court of March Term, 1818, against the defendant, and on 2d November, 1820, a scire facias post annum et diem was issued upon it, which, on the 6th November, 1820, was returned “ made known.” Nothing further was done until 1st January, 1827, when by order in writing of the plaintiff’s attorney, judgment was entered for want of an appearance to the scire facias.
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Judgment was entered in this court of March Term, 1818, against the defendant, and on 2d November, 1820, a scire facias post annum et diem was issued upon it, which, on the 6th November, 1820, was returned “ made known.” Nothing further was done until 1st January, 1827, when by order in writing of the plaintiff’s attorney, judgment was entered for want of an appearance to the scire facias. Kfi.fa. was issued to July Term, 1827, which was levied on real estate of the defendant. The property was condemned and sold for $5000, under a vend, exponas, returnable to December Term, 1827, to Anthony…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Being unshackled by danger of disturbing titles, it is our duty to interpret the statute according to its obvious intent. To ascertain the object which the legislature designed to accomplish, we must look to the mischief and the remedy. Debtors had been prejudiced, and purchasers perplexed by neglect of judgment creditors to enter satisfaction of record when actually obtained; and the legislature interfered so far as to command the creditor to acknowledge satisfaction within a specified period after request made. This remedy being found…
2Cases cited1 opinion
- Cowden v. BradySupreme Court of Pennsylvania · 1822
3Cited by17 opinions
- Meason's EstateSupreme Court of Pennsylvania · 1835
- In re Fulton's EstateSupreme Court of Pennsylvania · 1866
- Davidson v. ThorntonSupreme Court of Pennsylvania · 1847
- Van Loon v. SmithSupreme Court of Pennsylvania · 1883
- Allen v. LiggettSupreme Court of Pennsylvania · 1876
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