Baker ex rel. Hazlehurst v. Smith
Supreme Court of Pennsylvania
Rules to shew cause, why the executions issued should not be set aside, and restitution awarded; and that the plaintiffs should be restrained from issuing further executions, without leave of the court.
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Rules to shew cause, why the executions issued should not be set aside, and restitution awarded; and that the plaintiffs should be restrained from issuing further executions, without leave of the court. The bond on which judgment was entered up in the first action, on the 1st August 1804, was conditioned for the payment of $7836 and 77 cents on the 29th December 1804. Á fieri facias was taken out on the 5th October preceding ; returnable on the 4th December 1804, being the first return day of the term, upon which the defendant’s store goods were levied. On an application to the chief justice…
1Opinion of the Court
Shippen, C.
J. did not amend the argument, and therefore gave no opinion.
Yeates, J.
It has been admitted, that the execution which issued on the 5th October in the first action, cannot be supported. On the face of the bond, the money was not due until the 29th December, nor was any part of it payable until January following, under the parol agreement of paying it by instal-ments. Besides, the bond on which the judgment was entered, was surrendered to the defendant, before the execution issued ; and a new bond was executed payable on the 27th September. On both grounds therefore, the first fieri…
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