Pennock v. Hart
Supreme Court of Pennsylvania
In Error. WRIT of error to the Common Pleas of Northumberland county, in a feigned issue directed by that Court, for the purpose of ascertaining whether a certain judgment obtained by the plaintiffs in error, who were also plaintiffs in the issue, against Thomas Robins, was entitled to be paid out of the proceeds of the sale of his real estate, in preference to a judgment obtained against him by the defendants in error.
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In Error. WRIT of error to the Common Pleas of Northumberland county, in a feigned issue directed by that Court, for the purpose of ascertaining whether a certain judgment obtained by the plaintiffs in error, who were also plaintiffs in the issue, against Thomas Robins, was entitled to be paid out of the proceeds of the sale of his real estate, in preference to a judgment obtained against him by the defendants in error. It appeared, that on'the 15th of November, 1810, Thomas Robins confessed a judgment for two thousand and ten dollars eighteen cents, in favour oi the plaintiffs, in the Court…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J. —
It seems to be the better opinion, that in personal actions, the scire facias to revive judgment, lay not at the common law ; but that it was first introduced and its nature declared, by the Statute of Westminster 2. 13 E. 1. St at. 1. c. 45 : before which the plaintiff was put to a new original on the judgment, which after a year and a day was presumed to be released or satisfied. This rule of the common law was for the protection of the debtor; and one object of the Statute was, to preserve to him the benefit of it, while a more speedy and…
2Cases cited1 opinion
- Young v. TaylorSupreme Court of Pennsylvania · 1809
3Cited by14 opinions
- Dougherty's EstateSupreme Court of Pennsylvania · 1844
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- Davidson v. ThorntonSupreme Court of Pennsylvania · 1847
- Oil & Gas Well Supply Co. v. GartlanWest Virginia Supreme Court · 1905
- Eakin v. RaubSupreme Court of Pennsylvania · 1825
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