Hutcheson v. Reash
Superior Court of Pennsylvania
Appeal, No. 231, April T., 1900, by defendant, in suit of Asa Hutcheson, use of E. K. Adams, against Isaac Reash, from order of C. P. Mercer Co., April T., 1900, No. 15, discharging rule to show cause why execution should not be set aside. Opinion by Rice, P. J. Rule to show cause why execution should not be set aside, Before Miller, P. J, ESSENTIAL FACTS FOUND BY THE SUPERIOR COURT.
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Appeal, No. 231, April T., 1900, by defendant, in suit of Asa Hutcheson, use of E. K. Adams, against Isaac Reash, from order of C. P. Mercer Co., April T., 1900, No. 15, discharging rule to show cause why execution should not be set aside. Opinion by Rice, P. J. Rule to show cause why execution should not be set aside, Before Miller, P. J, ESSENTIAL FACTS FOUND BY THE SUPERIOR COURT. Isaac Reash and E. K. Adams made their joint note to Asa Hutcheson with warrant of attorney to confess judgment. In January, 1884, by virtue of an execution issued upon the judgment, the sheriff levied upon all…
1Opinion of the Court
Rice, P. J.,
Opinion by (after finding the facts as set out in the statement of facts):
*99It is to be noticed that at the time this execution was issued there was nothing, on the face of the note or the record to show that Adams was surety for Reash, also that there was nothing on the record to show that the property that had been sold under the prior execution belonged to Adams exclusively. The present execution was issued upon a judgment which, according to the record, apparently had been paid. The allegations that Adams was surety and that the debt was paid by a sale of his property rest in…
2Cases cited7 opinions
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
- Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843
- Baily v. BrownfieldSupreme Court of Pennsylvania · 1852
- Duffield ex. rel Jackson v. CooperSupreme Court of Pennsylvania · 1879
- Allegheny V. R. v. DickeySupreme Court of Pennsylvania · 1890
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3Cited by2 opinions
- First National Bank of Ashley v. ReilySuperior Court of Pennsylvania · 1949
- Ault v. AdamsonSuperior Court of Pennsylvania · 1917