Peddle v. Hollinshead
Supreme Court of Pennsylvania
These were writs of error to the District Court for the city and county of Philadelphia, to remove the judgments and proceedings in two suits, in which Hollinshead, the defendant in error, was plaintiff, and the plaintiffs in error, respectively, were defendants.
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These were writs of error to the District Court for the city and county of Philadelphia, to remove the judgments and proceedings in two suits, in which Hollinshead, the defendant in error, was plaintiff, and the plaintiffs in error, respectively, were defendants. The first of these suits was a scire facias upon a mortgage, brought by Edmund J. Hollinshead, assignee of Joseph Ball, for the use of Jacob Eidgway against Joshua Peddle, returnable to June Term, 1820. Judgment was entered for the plaintiff, for 2261 dol-Jars, on the 19th July, 1820, upon which a levari facias was issued, returnable…
1Opinion of the Court
The opinion of the court was delivered.by
Dumoan, J.
The points in both cases are the same, and have been' so considered in the argument. I am decidedly of opinion, that the only questions which can be considered by this court, on these writs of error,- and on the specific errors assigned are, whether the writs of levari facias on which the sales were made, were warranted by existing laws, and whether this was in fact a command to sell, or that omission can be taken advantage of in error, and if it can, whether the writ can be amended by this court. The material question depends on the…
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