Haupt v. Davis
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 94. This was a scire facias sur mortgage by R. II. Davis to the use, &c., against H. Haupt, with notice to Edwin G. Booth, Welcome White andB. S. Heath, terre-tenants. The writ was issued December 3d 1874, returnable on the 1st Monday (7th) of same December. To this writ the sheriff returned “ Nihil.”
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 94. This was a scire facias sur mortgage by R. II. Davis to the use, &c., against H. Haupt, with notice to Edwin G. Booth, Welcome White andB. S. Heath, terre-tenants. The writ was issued December 3d 1874, returnable on the 1st Monday (7th) of same December. To this writ the sheriff returned “ Nihil.” On the 27th of January 1875 an alias scire facias was issued returnable to the 1st Monday of February next. To this writ the sheriff returned “ Nihil,” and on the 2d of March 1875, the…
1Opinion of the Court
Judgment was entered in the Supreme Court, October 11th 1875,
Pea Cubiam.
Monthly return days for Allegheny county are established for all civil process issued for the commencement of actions. A scire facias sur mortgage is no exception to this rule. The Act of 1705, giving the remedy by scire facias upon a mortgage, prescribes no return-day for the writ, and makes no provision inconsistent with the monthly return-days prescribed in. the 32d sect, of the Act of 1836, for the commencement in actions of Phila*240delpbia and Allegheny counties. The first scire facias can, therefore, be made returnable…
2Cases cited1 opinion
- Jack's Executors v. ArnoldSupreme Court of Pennsylvania · 1856