Palethorpe v. Lesher
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of the county of Philadelphia. The suit was originally instituted before alderman JBinns, by the plaintiff in error, against the defendant in error, upon an insolvent bond. The facts of the case were these: — The plaintiff sued one Enoch Carter before the same alderman on the 18th of December, 1825, and obtained judgment for eighty-eight dollars and fifty-one cents, with costs.
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This was a writ of error to the Court of Common Pleas of the county of Philadelphia. The suit was originally instituted before alderman JBinns, by the plaintiff in error, against the defendant in error, upon an insolvent bond. The facts of the case were these: — The plaintiff sued one Enoch Carter before the same alderman on the 18th of December, 1825, and obtained judgment for eighty-eight dollars and fifty-one cents, with costs. On the 13th of January, 1826, the present defendant, Christian Lesher, became special bail for Carter. On the 8th of November, an execution issued against Carter;…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.
— On the part of the plaintiff in error, the legality of *273the alias execution of the 8th of February, agains,t Carter, is denied; but it was correctly answered, that there is nothing in the act of assembly which forbids, in this case, the issuing of a second execution, if the plaintiff chooses. The act, when it took a debtor, arrested in execution, from the officer of the law, and thereby delayed the plaintiff from the fruits of his judgment, intended to give an additional security for the debt, and by no means to take from the creditor any…
2Cases cited1 opinion
- Smith v. RosecrantzNew York Supreme Court · 1810
3Cited by1 opinion
- Freeman v. RustonSupreme Court of Pennsylvania · 1800