Dewar v. Spence
Supreme Court of Pennsylvania
Or- a writ of error to the District Court for the City and- County of Philadelphia, the case was thus:— To the June term, 1828, of that Court, Andrew B. Spence issued a summons in partition to Helen Margaret Dewar, and James Spence, to show wherefore partition should not be made between them, of “ a certain three story brick messuage or .tenement, and lot or piece of ground situate on the south side of Francis street, in the county of Philadelphia, containing in breadth on…
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Or- a writ of error to the District Court for the City and- County of Philadelphia, the case was thus:— To the June term, 1828, of that Court, Andrew B. Spence issued a summons in partition to Helen Margaret Dewar, and James Spence, to show wherefore partition should not be made between them, of “ a certain three story brick messuage or .tenement, and lot or piece of ground situate on the south side of Francis street, in the county of Philadelphia, containing in breadth on the west side thereof, two hundred and twenty-five feet; and on the east side thereof, two hundred and ninety-one feet;…
1Opinion of the Court
The opinion of the court was delivered by
Rogers; J.
At the common law,' it was not usual to put the sheriff’s name, to returns; for when a writ was returned, it was intended to be by the officer of the court, whose duty it was to make it; and for this reason it was held that such omission was not erroneous. Egerton v. Morgan, (1 Bul. 73;) Scroggs v. Spencer, (Cro. Eliz. 704.) Rut by the statute of 12 Edw. 2, c. 5, it was provided, that from thenceforth “ sheriffs and other bailiffs that receive the king’s writs, returnable in his court, shall put their names with the returns, so that the court…
2Cases cited1 opinion
- Barnet v. IhrieSupreme Court of Pennsylvania · 1828
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