Schwab v. Edge
Supreme Court of Pennsylvania
Appeal, No. 311, Jan. T., 1905, by John J. McDevitt, Jr., from order of C. P. No. 3, Phila. Co., March T., 1903, No. 3,970, discharging rule to set aside execution in case of Gustav A. Schwab v. J. Bachelor Edge and Ida Mae Edge, his wife, and John J. McDevitt, Jr. Rule to set aside execution. Before von Moschizisker, J. The facts are stated in the opinion of the Supreme Court. Error assigned was order discharging rule to set aside execution.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In this case two appeals which raise the same question, one from the court of common pleas No. 1, and the other from the court of common pleas No. 3 of Philadelphia county, were argued together. The first appeal is from an order made in an action of scire facias sur mortgage, discharging a rule to show cause why the judgment' should not be satisfied as to certain properties, and the execution issued thereon set aside; and the second is from a similar order, as to an execution issued upon a judgment, entered upon the bond accompanying the mortgage on which the…
2Cases cited3 opinions
- Commonwealth v. MoltzSupreme Court of Pennsylvania · 1849
- Cambria Iron Co. v. TombSupreme Court of Pennsylvania · 1864
- Bitting & Waterman's AppealSupreme Court of Pennsylvania · 1852
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- Rudnick v. ShoenbergSupreme Court of Delaware · 1923
- Lehman Estate, Pennsylvania Court of Common Pleas, Cumberland County1956
- Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1912