Collingwood v. Carson
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Allegheny county. Thomas Collingwood, for the use of Francis Irwin, against William Carson. This was a scire facias post annum et diem to June Term 1840, to revive judgment No. 294 of November Term 1816, and to show cause why damages should not be assessed by reason of certain breaches of the condition of the bond upon which the original judgment was entered.
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ERROR to the Common Pleas of Allegheny county. Thomas Collingwood, for the use of Francis Irwin, against William Carson. This was a scire facias post annum et diem to June Term 1840, to revive judgment No. 294 of November Term 1816, and to show cause why damages should not be assessed by reason of certain breaches of the condition of the bond upon which the original judgment was entered. The defendant pleaded specially that a writ of scire facias issued upon the same judgment to November Term 1825, upon which a judgment was rendered; and that another writ of scire facias, issued upon the same…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
Thomas Collingwood obtained a judgment against "William Carson on a bond with a warrant of attorney to confess judgment. It was entered No. 294, of November Term 1816. To April 1840 a scire facias issued on this judgment, in which, after stating that the judgment was for a debt of f1730, and that the said Thomas, for the use of Francis Irwin, has given the court to understand that the said debt so by him recovered was given under and subject to a certain condition therein written, whereby it was declared:
“ Whereas the said William Carson, by…
2Cases cited2 opinions
- Maus v. MausSupreme Court of Pennsylvania · 1836
- Shaeffer v. ChildSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- Le Bar, to Use v. PattersonSuperior Court of Pennsylvania · 1936
- Little v. SmyserSupreme Court of Pennsylvania · 1849
- Zerns v. Watson ex rel. SitzerSupreme Court of Pennsylvania · 1849
- Elsasser v. HainesSupreme Court of New Jersey · 1889