Fahey v. Howley
Superior Court of Pennsylvania
Appeal, No. 5, Jan. T., 1903, by defendants, from order of C. P. Lackawanna Co., Nov. T., 1899, No 218, discharging rule to set off judgment against judgment in case of John J. Fahey, Sheriff to use of Scranton Knitting Company, v. John J. Howley and Anthony J. Howley. Assumpsit on a replevin bond. The facts are stated in the opinion of the Superior Court. Error assigned was the order of the court.
Read the full summary
Appeal, No. 5, Jan. T., 1903, by defendants, from order of C. P. Lackawanna Co., Nov. T., 1899, No 218, discharging rule to set off judgment against judgment in case of John J. Fahey, Sheriff to use of Scranton Knitting Company, v. John J. Howley and Anthony J. Howley. Assumpsit on a replevin bond. The facts are stated in the opinion of the Superior Court. Error assigned was the order of the court. Judgments are set off against each other by the inherent powers of the court immemorially exercised: Hazlehurst v. Bayard, 3 Yeates, 152; Jacoby v. Guier, 6 S. & R. 448; Ramsey’s Appeal, 2 Watts,…
1Opinion of the Court
Opinion by
Smith, J.,
In 1892, the Scranton Knitting Company became the lessee of certain premises, and in August, 1894, John J. Howley acquired the reversion from the lessor.
In November, 1894, Howley began an action of replevin against the knitting company which, in June, 1896, was determined in favor of the defendent.
April 8,1897, Howley obtained a judgment against the knitting company upon a confession in the lease, for $200, arrears of rent, and in May following $25.96 of this was collected on execution.
In 1899, the knitting company began an action against Howley on the replevin bond, which…
2Cases cited4 opinions
- Reed v. Penrose'sSupreme Court of Pennsylvania · 1860
- Aber's PetitionSuperior Court of Pennsylvania · 1901
- Skinner v. ChaseSuperior Court of Pennsylvania · 1898
- Lloyd's AppealSupreme Court of Pennsylvania · 1880