Holdship v. Doran
Supreme Court of Pennsylvania
IN EEROS. This was a writ of error to the Common Pleas of Allegheny county. The facts of the case are thus stated by his Honor who delivered the opinion of the Court: Of November term 1S20, N. Burt entered a judgment on a bond and warrant of attorney against Patrick Doran, for #729 15. To Aug. T. 1822 a Fi Fa issued on this judgment, and was levied on a house and lot in Pittsburg, particularly described: the defendant waived the necessity of an inquisition. A writ of Fend.
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IN EEROS. This was a writ of error to the Common Pleas of Allegheny county. The facts of the case are thus stated by his Honor who delivered the opinion of the Court: Of November term 1S20, N. Burt entered a judgment on a bond and warrant of attorney against Patrick Doran, for #729 15. To Aug. T. 1822 a Fi Fa issued on this judgment, and was levied on a house and lot in Pittsburg, particularly described: the defendant waived the necessity of an inquisition. A writ of Fend. Expos, issued to April T. 1823, and was returned sold to «/i?. Brackenridge for $1,500. On motion, and after taking…
1Opinion of the Court
*15The opinion'of the Court was delivered by
Hustoít, J.
We are of opinion that there was error in several parts of this proceeding. In the first place, by concealing the names of the persons for whose use the suit was brought.' Scully and others were admitted as witnesses, and without their testimony the plaintiff could not have stirred one step. Admit that Holdship had behaved amiss, it is not true that any or every person could sue him, nor that those who could recover the money and keep it should be witnesses against him. Nor is it true that if Holdship had not complied with his engagement to…
2Cases cited6 opinions
- Smith v. PainterSupreme Court of Pennsylvania · 1819
- Friedly v. ScheetzSupreme Court of Pennsylvania · 1823
- Shipman v. BurrowsThe Superior Court of New York City · 1829
- Vastine v. FurySupreme Court of Pennsylvania · 1816
- Negley v. StewartSupreme Court of Pennsylvania · 1823
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