James v. Jarrett
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of scire facias issued in the name of Jonathan Jarrett and others, executors of the will of Azor Lukens, deceased, against David E. James, administrator, &c., of Henry Sandman, deceased, to revive a judgment, issued out of the District Court for the city and county of Philadelphia, to December Tex*m, 1849, No. 40, under the following circumstances:— On the 9th April, 1827, a judgment was entered in the Court of…
Read the full summary
Error to the District Court, Philadelphia. This was an action of scire facias issued in the name of Jonathan Jarrett and others, executors of the will of Azor Lukens, deceased, against David E. James, administrator, &c., of Henry Sandman, deceased, to revive a judgment, issued out of the District Court for the city and county of Philadelphia, to December Tex*m, 1849, No. 40, under the following circumstances:— On the 9th April, 1827, a judgment was entered in the Court of Common Pleas of Montgomery county, to April Term, 1827, No. 12, on a bond and warrant of attorney, dated April 7, 1827,…
1Opinion of the Court
The opinion of the court was delivered by
Black,, C. J.
This was a scire facias issued in 1849 to revive a judgment originally entered in Í827. The defendant pleaded payment, and, to sustain the plea, relied altogether on the lapse of 'time, it being more than twenty years from the date of the first judgment to the taking out of this writ. If this were the whole case, the defence would have been a clear one. But the plaintiff shows that he issued a scire facias in 1832, and that the writ being returned “ nihil habet as to the defendant, and made known to the terre tenants,” judgment was taken…
2Cited by10 opinions
- Schmalz v. Manufacturers & Traders Trust Co.Superior Court of Pennsylvania · 2013
- Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
- Croskey v. CroskeySupreme Court of Pennsylvania · 1932
- Pennsylvania Co. v. YoungmanSupreme Court of Pennsylvania · 1934
- Rosenbaum v. NewhoffSupreme Court of Pennsylvania · 1959
5 more not listed; retrieve them via the Exa API.