Haskins v. Low
Supreme Court of Pennsylvania
Error to the Common Pleas of Bradford county. This was a sci. fa. issued to May Term, 1845, on a judgment obtained by Abel Hqskins, against N. Clapp, to revive the judgment, upon which the sheriff made return of service on the defendant, and also upon Forbes Low, as terre tenant.
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Error to the Common Pleas of Bradford county. This was a sci. fa. issued to May Term, 1845, on a judgment obtained by Abel Hqskins, against N. Clapp, to revive the judgment, upon which the sheriff made return of service on the defendant, and also upon Forbes Low, as terre tenant. On September 2, 1845, an affidavit was made by Guy Tozer, who deposed that he was interested in the cause, he having sold the land to Forbes Low, and that the judgment of Haskins v. Clapp is not and never was a lien upon any land then in possession of Forbes Low; and that Haskins lives in the state of New York. A…
1Opinion of the Court
The opinion of the Court was delivered by
GrlBSON, C. J.
The provision for costs in the third section of the statute 8 & 9 W. 3, c. 11, is not confined to writs of scire facias on judgments for penalties to secure”the payment of instalments, or the performance of collateral covenants. The section expressly embraces “ all suits upon any writ or writs of scire facias,” and also actions of waste, actions of debt for not setting out tithes, and suits upon prohibitions. In all these, costs are given, as in other cases under the preceding statutes. Brooke v. Booth, 11 East 387, was a scire facias to…
2Cases cited1 opinion
- Inman v. KutzSupreme Court of Pennsylvania · 1840
3Cited by1 opinion
- SCHOR v. BeckerSupreme Court of Pennsylvania · 1970