Davis v. Jones
Supreme Court of Pennsylvania
IN ERROR. The plaintiff below, Thomas Jones, issued a seh'e facias post annum, &c., on a judgment which he had bbtained in the Court of Common Pleas of Allegheny county, against Joseph Davis, the plaintiff in error.. The writ was returned, made known, &c. but the defendant did not appear.
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IN ERROR. The plaintiff below, Thomas Jones, issued a seh'e facias post annum, &c., on a judgment which he had bbtained in the Court of Common Pleas of Allegheny county, against Joseph Davis, the plaintiff in error.. The writ was returned, made known, &c. but the defendant did not appear. The return was at January term, 1814. At January term, 1816, a rule to plead was laid on the defendant; and afterwards, a second rule, to plead; neither of which having been complied with, a judgment was entered by default. contended, that if the plaintiff does not proceed on his scire facias within a year…
1Per curiam
This is a question of practice, in which we are not governed by the rules of the English courts. In the opinion of the court, the proceedings were according to ancient and long continued practice, and therefore the judgment is to be affirmed.
Judgment affirmed.
2Cited by1 opinion
- Meason's EstateSupreme Court of Pennsylvania · 1835