Chambers v. Carson
Supreme Court of Pennsylvania
Mb. Bayard moved for judgment in this case, which was an alias scire facias sur mortgage, brought by Thomas Chambers, administrator (cum testamento annexo,) de bonis non of Thomas Duncan, Esq. deceased, against Charles Carson, surviving administrator of the goods, &c. of John Carson, deceased; the writ having been returned “ nihil” A doubt was expressed at the bar, whether such judgment could be regularly obtained, since the act of 13th June, 1836; the 39th section of which…
Read the full summary
Mb. Bayard moved for judgment in this case, which was an alias scire facias sur mortgage, brought by Thomas Chambers, administrator (cum testamento annexo,) de bonis non of Thomas Duncan, Esq. deceased, against Charles Carson, surviving administrator of the goods, &c. of John Carson, deceased; the writ having been returned “ nihil” A doubt was expressed at the bar, whether such judgment could be regularly obtained, since the act of 13th June, 1836; the 39th section of which provides that “ In every case in which a writ of scire facias may by law be issued, it shall be served and returned in…
1Opinion of the Court
The Court
said that the intention of the legislature must be supposed to have been to direct the method of serving a scire facias, when service can be made; and not to alter the return in cases where the writ cannot be executed, nor to interfere with the convenient practice of considering two nihils as equivalent to service. The practice of the Coui’tin these cases, is really a dispensation of service; and the reason of it is that the plaintiff having a debt of record in the very Court apparently unsatisfied, which must be executed by the process of the Court within the county, it would be…
2Cited by7 opinions
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- McMicken v. CommonwealthSupreme Court of Pennsylvania · 1868
- Brown v. Wygant & LeedsSupreme Court of the United States · 1896
- Taylor v. YoungSupreme Court of Pennsylvania · 1872
2 more not listed; retrieve them via the Exa API.