Shaw v. Boyd
Supreme Court of Pennsylvania
In error from the Common Pleas of Fayette. , The scire facias to have execution recited a judgment in an action of dower recovered in the Common Pleas of Fayette on the 26th September, 1820, by James Shaw and Margaret his wife, and that the said Margaret was now sole. Pleas : nul tiel record and payment with leave. On the former the Court, after inspection of the record, gave judgment for the demandant; and, on the latter, for insufficiency of the plea.
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In error from the Common Pleas of Fayette. , The scire facias to have execution recited a judgment in an action of dower recovered in the Common Pleas of Fayette on the 26th September, 1820, by James Shaw and Margaret his wife, and that the said Margaret was now sole. Pleas : nul tiel record and payment with leave. On the former the Court, after inspection of the record, gave judgment for the demandant; and, on the latter, for insufficiency of the plea. The record showed a writ of dower was sued out in 1815, to which there was a plea and demurrer. It then proceeded to state that a case was…
1Opinion of the CourtCoulter, J.
We must now presume that there was a judgment of the Court of Common Pleas of Fayette county. It was reviewed in this Court on writ of error, and reversed. [His honour here stated the facts.] The probability is, that the case stated, as it is called in one part of the record, or more likely a special verdict, as it is called verdict in the judgment of the Supreme Court, was lost or mislaid; it can hardly be doubted but that it once existed, as it ' was the foundation of the action of both Courts. After so great a lapse of time, it is fairly to be presumed that there was a judgment somewhere…
2Cases cited3 opinions
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Maus v. MausSupreme Court of Pennsylvania · 1836
- Gardiner v. Lessee of MurraySupreme Court of Pennsylvania · 1808