Minier v. Saltmarsh
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. Dalanson Saltmarsh against Elias Minier and George Minier. On the 9th of April 1818, E. Overton obtained judgment against Daniel Minier. In 1827, a scire facias was issued against the administrators of D. Minier to revive the same, which was served upon the defendants, and upon Elias Minier and George Minier, terre-tenants, upr on which judgment was rendered.
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ERROR to the common pleas of Bradford county. Dalanson Saltmarsh against Elias Minier and George Minier. On the 9th of April 1818, E. Overton obtained judgment against Daniel Minier. In 1827, a scire facias was issued against the administrators of D. Minier to revive the same, which was served upon the defendants, and upon Elias Minier and George Minier, terre-tenants, upr on which judgment was rendered. In 1832, another scire facias was issued against the defendants and terre-tenants, to which the terre-tenants appeared and pleaded payment with leave. The cause was tried and verdict for the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is, that the court below compelled the plaintiff in error, who was the defendant there, to go on to trial without any issue being joined, though he expressly objected to it. It does appear to us that the ground of this objection cannot be said to exist in point of fact: for there does appear upon the record all that the legislature intended should constitute the issue in such a proceeding as this, which is wholly of statutory origin. The proceedings were commenced in the manner and form prescribed by the act of…
2Cases cited2 opinions
- Heller v. Lessee of JonesSupreme Court of Pennsylvania · 1811
- Nace v. HollenbackSupreme Court of Pennsylvania · 1815
3Cited by1 opinion
- Hibbs v. RueSupreme Court of Pennsylvania · 1846