Gaskell v. Morris
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was an action of assumpsit brought 'by Henry Moi'ris, sheriff of the county of Philadelphia, against Thomas Penn-Gaskell, in which a verdict and judgment were rendered for the plaintiff. The plaintiff died pending the suit, and his administrators were substituted.
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ERROR to the District Court for the city and county of Philadelphia. This was an action of assumpsit brought 'by Henry Moi'ris, sheriff of the county of Philadelphia, against Thomas Penn-Gaskell, in which a verdict and judgment were rendered for the plaintiff. The plaintiff died pending the suit, and his administrators were substituted. The declaration alleged an alias venditioni exponas to the plaintiff for the sale of a house and two lots of ground in Sixth near Chesnut street; that in pursuance thereof the premises were exposed to public sale on the 7th February 1842, and were sold to the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error is an exception to the opinion of the court below, admitting the alias and pluries writs of venditioni exponas therein mentioned, with the returns thereon respectively made by the sheriff, to be read in evidence, without producing the record of the judgment and previous process, which was requisite in order to show that the same were legally issued. Though it was wrong to admit the writs in evidence here excepted to, without first showing by the record called for that they were regularly issued, yet the error was cured…
2Cases cited1 opinion
- Adams v. AdamsSupreme Court of Pennsylvania · 1835
3Cited by17 opinions
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Galpin v. LambOhio Supreme Court · 1876
- Calhoun v. Commercial Credit Corp.Superior Court of Pennsylvania · 1942
- Armstrong v. VromanSupreme Court of Minnesota · 1866
- Hartman v. PembertonSuperior Court of Pennsylvania · 1904
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