Barnet v. Ihrie
Supreme Court of Pennsylvania
A verdict of the recognitors in this assize of nuisance, having been rendered in favour of the plaintiff below, the defendant in error—“Judgment nisi,” was entered thereon, on the 28th of January, 1826, and at half past twelve o’clock, in the morning of the 30th of the same month, the plaintiff issued a writ of execution in the following form, which was placed in the sheriff’s hands at four o’clock of the same morning: t( Northampton county, ss.
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A verdict of the recognitors in this assize of nuisance, having been rendered in favour of the plaintiff below, the defendant in error—“Judgment nisi,” was entered thereon, on the 28th of January, 1826, and at half past twelve o’clock, in the morning of the 30th of the same month, the plaintiff issued a writ of execution in the following form, which was placed in the sheriff’s hands at four o’clock of the same morning: t( Northampton county, ss. “The Commonwealth of Pennsylvania, to the Sheriff of Northampton County, greeting. Whereas, Peter Ihrie, the. elder, lately in our County Court of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
It is decisive against the writ, that no precedent
for it can lie shown, it being essentially different from the form in the Register. We are, to say the least, by no means familiar with these antiquated remedies; and we shall proceed safely only so long as we follow the footsteps of our early predecessors, discernible in the books. We have no authority to change the nature of the remedy by adopting an execution unknown to1 the law. Matter of form, such as the style of process, may undoubtedly be altered to adapt it to our practice; but…
2Cited by8 opinions
- Harger v. Commissioners of Washington CountySupreme Court of Pennsylvania · 1849
- United States v. MillerCourt of Appeals for the Tenth Circuit · 2010
- Grubbs' AppealsSupreme Court of Pennsylvania · 1876
- Hartley v. WeidemanSuperior Court of Pennsylvania · 1905
- Campbell v. StateSupreme Court of Alabama · 1849
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