Byrne v. Boyle
Supreme Court of Pennsylvania
Error to the Common Pleas of Qambria county. This was an action of debt, brought by Hugh Boyle, and others, against Jacob Byrne, Terence Develin, William A. Noel, Blassus Noel, and Stephen Stearns. The defendants pleaded payment, with leave, §c., to which the replication non solvit was entered; and on this issue the cause was tried.
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Error to the Common Pleas of Qambria county. This was an action of debt, brought by Hugh Boyle, and others, against Jacob Byrne, Terence Develin, William A. Noel, Blassus Noel, and Stephen Stearns. The defendants pleaded payment, with leave, §c., to which the replication non solvit was entered; and on this issue the cause was tried. Boyle and others had brought an action of ejectment against B. & W. Noel et al., to December Term 1854, and sued out a writ of estrepement against them to prevent waste. On application to the court below, the writ of estrepement was dissolved on the defendants’…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
— Writs of estrepement, like injunctions, are means of preserving property that is in litigation, from spoil or injury until the rights in relation to it can be settled, and our statutes allowing them are simply declaratory of the common law authority of the courts. It was because the courts did not exercise this authority as freely as they ought to have done that some of the statutes relative to estrepement were passed: see Fitzh. N. B. 139; 10 Vin. Ab. 497; Rob. Dig. 418.
By common law and by our statutes the writ may be dissolved ■by…
2Cited by2 opinions
- Trustees of the Proprietors of Kingston v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1912
- Searle v. Aylesworth, Pennsylvania Court of Common Pleas, Susquehanna County1924