Hoffman v. Hafner
Supreme Court of Pennsylvania
Appeal, No. 94, Jan. T., 1904, by defendant, from order of C. P. No. 5, Phila. Co., June T., 1903, No. 1637, refusing writ of restitution in case of John S. Hoffman v. Frederick J. Hafner et al. Rule to strike off judgment, set aside habere facias possessionem, and for restitution. Ralston, J., filed the following opinion: This was an action of ejectment.
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Appeal, No. 94, Jan. T., 1904, by defendant, from order of C. P. No. 5, Phila. Co., June T., 1903, No. 1637, refusing writ of restitution in case of John S. Hoffman v. Frederick J. Hafner et al. Rule to strike off judgment, set aside habere facias possessionem, and for restitution. Ralston, J., filed the following opinion: This was an action of ejectment. The writ issued on June 22, 1903, returnable first Monday of July, 1903. On September 3, 1903, judgment was entered against the defendant, Alphonse Hafner, for want of an answer. The act of March 21, 1806, sec. 12, 4 Sm. L. 326, provides…
1Opinion of the Court
Opinion by
Mb. Justice Potter,
The only question presented by this appeal is whether or *12not in striking off an irregular judgment, the court below erred in refusing to award a writ of restitution. The judgment which was stricken off was admittedly irregular. It seems, however, that very soon after it was entered, a writ of' habere facias was issued and possession was given by the sheriff to the plaintiff. The court below in its opinion, states that after the plaintiff had been put in possession, the premises had been sold to a purchaser. But there is nothing upon the record to show this fact,…
2Cases cited2 opinions
- McGee v. FesslerSupreme Court of Pennsylvania · 1845
- Buchanan v. BanksSupreme Court of Pennsylvania · 1902
3Cited by3 opinions
- Shafer v. CascioSupreme Court of Pennsylvania · 1926
- Guenther v. Gilchrist Improved Jar Co.Superior Court of Pennsylvania · 1905
- Arnold v. Edlis Barber Supply Co., Pennsylvania Court of Common Pleas, Alleghany County1925