Spring Run Coal Co. v. Tosier
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JEik comity: Of January Term, 1883, No. 216. Scire facias, issued September 12th 1881, by the Spring Nun Coal company, against Thomas Tosier, to reyive and continue the lien of a certain judgment obtained by said plaintiff against said defendant, to January Term, 1869, No. 16. The record showed, inter alia, the following facts : — The original action was trespass vi et armis, brought November 28th 1868, by the said plaintiff, against the…
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Error to the Court of Common Pleas of JEik comity: Of January Term, 1883, No. 216. Scire facias, issued September 12th 1881, by the Spring Nun Coal company, against Thomas Tosier, to reyive and continue the lien of a certain judgment obtained by said plaintiff against said defendant, to January Term, 1869, No. 16. The record showed, inter alia, the following facts : — The original action was trespass vi et armis, brought November 28th 1868, by the said plaintiff, against the said defendant, to recover, under the act of March 29th 1824, treble damages for cutting, carrying away and converting…
1Opinion of the CourtJustice Trunkey
This action was brought against the defendant for the cutting and conversion of standing timber, to' recover “ treble the value thereof,” under the Act of March 29th 1824, P. L. 152. On September 20th 1876, judgment was entered in default of an appearance and plea. The damages were liquidated under a writ of inquiry, and final judgment entered on May 23d 1881.
For present purposes it must be taken as admitted, that on April 30th 1878, die defendant was adjudicated a bankrupt, and that he obtained his discharge on May 9th 1879. The sole question is, whether the plaintiff’s demand was a provable…
2Cases cited1 opinion
- Bell v. BellSupreme Court of Pennsylvania · 1839
3Cited by2 opinions
- Miller v. JacksonSuperior Court of Pennsylvania · 1909
- Belber v. BelberSuperior Court of Pennsylvania · 1898