Breitenbach v. Bush
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county. This was a scire facias sur mortgage, sued out in the court below, August 27th 1859, at the suit of James Bush, against John R. Breitenbach. The mortgage was dated March 30th 1857, and was due April 10th 1857. The suit was arbitrated, and on the 15th of October 1859, there was an award entered for plaintiff, from which the defendant appealed.
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Error to the Common Pleas of Montgomery county. This was a scire facias sur mortgage, sued out in the court below, August 27th 1859, at the suit of James Bush, against John R. Breitenbach. The mortgage was dated March 30th 1857, and was due April 10th 1857. The suit was arbitrated, and on the 15th of October 1859, there was an award entered for plaintiff, from which the defendant appealed. When the case was reached on the trial list, the following agreement was executed by the parties and filed:— “ And now, to wit, May 21st 1860, it is agreed that judgment shall be entered in the above case,…
1Opinion of the Court
The opinion of. the court was delivered, by
Woodward, J. — The 4th section of the Act of 18th April 1861, P. L. 409, is in these words: “ No civil process shall issue or be enforced against any person mustered into the service of this state or of the United States, during the term for which he shall be engaged in such service, nor until thirty days after he shall have been discharged therefrom : Provided, that the operation of all statutes of limitation shall he suspended upon all claims against such person during such term.” .
The principal question upon the record is, whether this section be…
2Cases cited1 opinion
- Jackson v. LamphireSupreme Court of the United States · 1830
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- Galey v. GuffeySupreme Court of Pennsylvania · 1915
- Manlove v. McDermottSuperior Court of Pennsylvania · 1931
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