Berryhill v. Wells
Supreme Court of Pennsylvania
IN ERROR. IN error to the Common Pleas of Dauphin, the case was thus: Isabella Wallace and Richard Fulton, administrators of Richard-Wallace, on the 30th of September 1805, obtained judgment before a justice of the peace, against Berryhill and Murray. Before the stay of execution had expired, Fulton died, and Isabella Wallace intermarried with Alexander Wells.
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IN ERROR. IN error to the Common Pleas of Dauphin, the case was thus: Isabella Wallace and Richard Fulton, administrators of Richard-Wallace, on the 30th of September 1805, obtained judgment before a justice of the peace, against Berryhill and Murray. Before the stay of execution had expired, Fulton died, and Isabella Wallace intermarried with Alexander Wells. The justice then issued a scire facias, in the names Wells and wife, the now defendants in error; and upon the return of that writ, gave judgment for the amount ^ original judgment and costs, and interest upon them, This judgment was…
1Opinion of the Court
Tilghman C. J.
The plaintiff in error has rested his.
case on three points. 1. That the act of the 28th of March 1804, (the Hundred Dollar law) gave the justices of the peace no power to issue a sci.fa. 2. That if the act did give power to issue a sci.fa., this was a case in which such writ, was unnecessary. 3. That the judgment rendered on the set.. *58fa. was erroneous, because it included interest on the origi- " ginal judgment.
1. The reason assigned for supposing, that the act gives no authority to issue a sci. fa., is, that it gives express authority to issue such writ against special bail,…
2Cases cited1 opinion
- Burrows v. HeyshamSupreme Court of the United States · 1785
3Cited by14 opinions
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- Fursht v. OverdeerSupreme Court of Pennsylvania · 1842
- Custer v. DettererSupreme Court of Pennsylvania · 1841
- Hays v. ShannonSupreme Court of Pennsylvania · 1836
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