Frey v. Wells
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Luzerne county. The record appeared thus: A summons issued in debt for 381I. 2s. xid., returnable to November term 1797, which was returned served by the sheriff; whereupon Mr. D. Smith appeared for the defendants, prayed oyer of the writ, record, and special imparlance.
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Writ of error to the Common Pleas of Luzerne county. The record appeared thus: A summons issued in debt for 381I. 2s. xid., returnable to November term 1797, which was returned served by the sheriff; whereupon Mr. D. Smith appeared for the defendants, prayed oyer of the writ, record, and special imparlance. A declaration was filed in debt, grounded on a judgment in Litchfield county, in the state of Connecticut, in March term 1775, “as by the “records of the same court of Litchfield, and now here ready in “ this court to be shewn, more fully is manifest and appears, “which said judgment…
1Opinion of the CourtBrackenridge, J.
delivered the following opinion.
This is an action of debt, and the plaintiff declares on a judgment of March term 1775, of the county of Litchfield in the state of Connecticut, and states the consideration of the judgment to be a book debt, and the costs and charges of the suit, whereof the testator was in his life time convicted, as by the records of the same court, See., which judgment remained in full force and effect not satisfied or reversed, wherefore action, &c. To this the defendants plead nul tiel record ; to which there is the replication habetur tale recordum and issue. On the 22d…
2Cases cited1 opinion
- Crutcher v. CommonwealthSupreme Court of Pennsylvania · 1841
3Cited by1 opinion
- Crutcher v. CommonwealthSupreme Court of Pennsylvania · 1841