Legal Opinion

Neville v. Williams

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 1 opinion

ERROR to the common pleas of Alleghany county. Morgan Neville against the executors of George Williams deceased. This was a scire facias quare executio non.

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ERROR to the common pleas of Alleghany county. Morgan Neville against the executors of George Williams deceased. This was a scire facias quare executio non. The defendant withdrew his former pleas, and prayed oyer as follows : “And the said George Williams, the defendant above mentioned, comes and craves oyer of the condition of the original judgment, which is granted unto him as follows, to wit: “Whereas George Williams has this day authorized the prothonotary of the court of common pleas of Alleghany county to enter judgment in my favour for 450 dollars. Now this is to declare that the said…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The judgment upon which the writ of scire facias quare execulio non was issued here, has been treated and considered by the counsel for the defendant as conditional, and like to a bond given in a specific sum of money conditioned for saving the obligee harmless and keeping him indemnified from loss or damage. The judgment however, as it appears on the record, is absolute and unconditional. But the instrument given by the plaintiff to the defendant, bearing even date with the judgment and referring to if, may be considered in the nature of a…

2Cases cited2 opinions

  1. Ingles v. BringhurstSupreme Court of the United States · 1788
  2. Pearce v. HumphreysSupreme Court of Pennsylvania · 1826

3Cited by1 opinion

  1. Commonwealth v. ReesSupreme Court of Pennsylvania · 1838

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