Beck v. Finnefrock
Superior Court of Pennsylvania
Appeal, No. 108, April T., 1919, by plaintiff, from order and decree of C. P. Clarion Co., Execution Docket No. 12, December T., 1916, striking off writ of execution in the case of J. T. Beck, Administrator of Hattie C. Ambrose, formerly Hattie C. Beck, deceased, v. Charles Finnefrock. Petition to strike off judgment and to restrain plaintiff from proceeding by execution to collect the same.
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Appeal, No. 108, April T., 1919, by plaintiff, from order and decree of C. P. Clarion Co., Execution Docket No. 12, December T., 1916, striking off writ of execution in the case of J. T. Beck, Administrator of Hattie C. Ambrose, formerly Hattie C. Beck, deceased, v. Charles Finnefrock. Petition to strike off judgment and to restrain plaintiff from proceeding by execution to collect the same. Sloan, P. J., filed the following opinion, striking off tbe fi. fa. and writ of execution. On May 28, 1897, tbe defendant was convicted in tbe court of quarter sessions .of said county for tbe crime of…
1Opinion of the Court
Opinion by
Keller, J.,
The principal question raised by this appeal, is whether when an order or sentence of the court of quarter sessions, has been certified to the court of common pleas, and has been entered and indexed in said court as a judgment, under the provisions of the Act of May 8, 1901, P. L. 148, a writ of fieri facias for the collection of said judgment may be issued within five years from its entry without first issuing a writ of scire facias quare executionem non to revive the same. The learned court below held that it could not and ordered the writ of execution so issued to be…
2Cases cited4 opinions
- Dougherty's EstateSupreme Court of Pennsylvania · 1844
- Commonwealth v. RarickSuperior Court of Pennsylvania · 1917
- Ramsey v. RamseySuperior Court of Pennsylvania · 1900
- Philadelphia Fire & Inland Navigation Company's AppealSupreme Court of Pennsylvania · 1845
3Cited by3 opinions
- Kyler's EstateSuperior Court of Pennsylvania · 1921
- Commonwealth v. Lefever, Pennsylvania Court of Common Pleas, Lancaster County1923
- Suspended Sentence, Pennsylvania Department of Justice1947