Adams v. Betz
Supreme Court of Pennsylvania
ERROR, to the common pleas of Berks county. This was a controversy between two judgment creditors of George Dessler. The plaintiffs claimed under a judgment entered to January term 1816, and regularly revived by scire facias to January term 1821. William and Samuel Moore claimed under a judgment entered in their favour against the same defendants on the 27th of October 1814, on which a scire facias issued the 27th day of September 1819. The court charged the jury, that “ if…
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ERROR, to the common pleas of Berks county. This was a controversy between two judgment creditors of George Dessler. The plaintiffs claimed under a judgment entered to January term 1816, and regularly revived by scire facias to January term 1821. William and Samuel Moore claimed under a judgment entered in their favour against the same defendants on the 27th of October 1814, on which a scire facias issued the 27th day of September 1819. The court charged the jury, that “ if the judgment of William and Samuel Moore was entered of August term 1814, they have lost their lien. If it was entered…
1Opinion of the Court
The opinion of the Court was delivered by
Ross, J.
Three errors have been assigned. They are all one and the same in substance, only varying in the manner of being presented to the court. The only question is, was the court bound to decide, whether Jlfoore’s judgment was of August or November term 1814, or had they a right to refer that question to the decision of a jury 1 The court expressly submitted the question as a matter of fact to the jury.
I think it will scarcely be denied, that by the acts of assembly and the adjudications of the courts, the rights of judgment creditors have been…
2Cases cited1 opinion
- Morris's Lessee v. VanderenSupreme Court of the United States · 1782
3Cited by7 opinions
- Schirmer v. PeopleIllinois Supreme Court · 1864
- Kostenbader v. KueblerSupreme Court of Pennsylvania · 1901
- Koren v. RoemheldAppellate Court of Illinois · 1881
- Bowman v. McLaughlinMississippi Supreme Court · 1871
- Thatcher v. MaackAppellate Court of Illinois · 1881
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