Stevenson v. Black ex rel. Gabler
Supreme Court of Pennsylvania
Error to the Common Pleas of Greene County to review a judgment for plaintiff upon a scire facias to renew the lien of a former judgment. The judgment sought to be revived was entered against Ellis Stevenson, Sr., and Ellis Stevenson, Jr., for $2,400, May 5, 1873. Ellis Stevenson, Sr., died April 9, 1878, less than five years after the date of the judgment.
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Error to the Common Pleas of Greene County to review a judgment for plaintiff upon a scire facias to renew the lien of a former judgment. The judgment sought to be revived was entered against Ellis Stevenson, Sr., and Ellis Stevenson, Jr., for $2,400, May 5, 1873. Ellis Stevenson, Sr., died April 9, 1878, less than five years after the date of the judgment. This action was brought November 4, 1881, less than five years after tire death of Stevenson, but more than five years after the date of the judgment. Defendants claimed that the lien of the judgment had expired by lapse of time.…
1Per curiam
The construction given in Nicholas v. Phelps, 15 Pa. 36, to § 25 of the act of February 24, 1834, has been acquiesced in for thirty-five years. We are not aware that its correctness has been questioned in this court during all that time. If the statute was now before us for the first time, its proper construction would be a fair question for argument. This, however, does not justify us in now disturbing that which has been recognized as a correct construction for so many years. Titles have passed and been acquired in reliance on its correctness. We recognize it as the law of this commonwealth…
2Cases cited1 opinion
- Nicholas v. PhelpsSupreme Court of Pennsylvania · 1850
3Cited by2 opinions
- Harvey v. Nelson, Lanphier & Co.Supreme Court of Louisiana · 1879
- Wilkins v. Gillis & FergusonSupreme Court of Louisiana · 1868