Hitchcock v. Long
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Erie county. Hitchcock, Zimmerly & Co. obtained a judgment against Titus Long, before a justice of the peace, a transcript of which they filed in the Common Pleas, after having a return of nulla bona” upon an execution issued by the justice; upon which they issued process in the nature of an attachment out of court in pursuance of the provisions of the Act of 16th June 1836. E. M. Cook, who had been served with the process, as garnished, moved…
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ERROR to the Common Pleas of Erie county. Hitchcock, Zimmerly & Co. obtained a judgment against Titus Long, before a justice of the peace, a transcript of which they filed in the Common Pleas, after having a return of nulla bona” upon an execution issued by the justice; upon which they issued process in the nature of an attachment out of court in pursuance of the provisions of the Act of 16th June 1836. E. M. Cook, who had been served with the process, as garnished, moved the court to quash the proceeding, on the ground that a transcript was not such a judgment as authorized the plaintiff to…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The plaintiff, in every judgment which shall be obtained in any court of this commonwealth for the recovery of money, may have execution thereof, subject to certain restrictions and qualifications, against the person and estate of the defendant, in the following order, to wit: 1. -Upon the personal estate of the defendant. 2. Upon the real estate. And, 3d, if he has neither personal nor real estate liable to execution, then upon the person of the defendant. Act 16th of June 1836, 19th section. The manner of proceeding to levy stocks,…
2Cases cited1 opinion
- Scott v. RamsaySupreme Court of Pennsylvania · 1807
3Cited by2 opinions
- Smith v. WehrlySupreme Court of Pennsylvania · 1893
- Peoples' Trust, Savings & Deposit Co. v. EhrharSupreme Court of Pennsylvania · 1907