People's Trust Co. v. Ehrhart
Superior Court of Pennsylvania
Appeal, No. 71, Oct. T., 1912, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1907, No. 35, on verdict for defendant in case of The People’s Trust Company v. Hyman Ehrhart. Appeal from judgment of a justice of the peace.
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Appeal, No. 71, Oct. T., 1912, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1907, No. 35, on verdict for defendant in case of The People’s Trust Company v. Hyman Ehrhart. Appeal from judgment of a justice of the peace. Before Hassler, J. From the record it appeared that the defendant’s real estate was, on January 15, 1900, levied upon by the sheriff of Lancaster county, and sold on April 21, 1900, to the plaintiff, and a sheriff’s deed for'the same regularly acknowledged and delivered. The defendant refused to deliver up possession of the real estate so purchased and…
1Opinion of the Court
Opinion bt
Rice, P. J.,
The principal question involved in this appeal is, whether a justice of the peace has power to issue a scire facias upon a judgment for damages and costs, which was rendered by him or his predecessor in office in a proceeding, instituted by a purchaser at sheriff’s sale to obtain possession of the premises. No mention of a justice’s power to issue a scire facias, except against special bail, is made in the act of March 20,1810, 5 Sm. Laws 161, and it was contended in Berryhill v. Wells, 5 Binney, 56, that it existed in no other case. But the court held it to be…
2Cases cited1 opinion
- Peoples' Trust, Savings & Deposit Co. v. EhrharSupreme Court of Pennsylvania · 1907
3Cited by1 opinion
- People's Trust Co. v. EhrhartSuperior Court of Pennsylvania · 1914