Miller v. Milford
Supreme Court of Pennsylvania
In Error. William Milford, the plaintiff below, obtained a judgment in the Court of Common Pleas of Westmoreland county, against Thomas Miller, the defendant, for three hundred dollars and costs, “ to be released on the defendant’s giving “ to the plaintiff a sufficient release of the warrant of Charles “ Campbell, for the land purchased of the defendant by the “ plaintiff.”
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In Error. William Milford, the plaintiff below, obtained a judgment in the Court of Common Pleas of Westmoreland county, against Thomas Miller, the defendant, for three hundred dollars and costs, “ to be released on the defendant’s giving “ to the plaintiff a sufficient release of the warrant of Charles “ Campbell, for the land purchased of the defendant by the “ plaintiff.” This judgment was entered at December Term, 1803. The'plaintiff took out a ca. set. to June Term, 1805, which was not served. A Ji. fa. was issued to September Term, 1806, and levied on 200 acres of land, which were…
1Opinion of the Court
Tilghman C. J.
1. There is no condition annexed to this judgment, of such a nature as to prevent the plaintiff from taking out an execution in a reasonable time. The .-defendant had it in his power to demand a release upon doing a certain thing, which he might do, or not, at his pleasure. The plaintiff had no means of compelling him to do it. Therefore the plaintiff’s only remedy was by taking out an execution. No injury could arise from this, because the Court would always interfere in a summary way to prevent injustice and enforce the terms on which the judgment was entered.
2. It was decided…
2Cases cited1 opinion
- Lessee of Dunlop v. SpeerSupreme Court of Pennsylvania · 1810
3Cited by1 opinion
- Robins v. BellasSupreme Court of Pennsylvania · 1834