Stoner v. Stroman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. The Commonwealth of Pennsylvania for the use of the administrator of Christian Stoner, deceased, against Peter Ahl, administrator of John Stroman, deceased.
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ERROR to the Common Pleas of York county. The Commonwealth of Pennsylvania for the use of the administrator of Christian Stoner, deceased, against Peter Ahl, administrator of John Stroman, deceased. This was a scire facias upon a judgment, and the question presented was raised by a general demurrer to the writ, which was as follows : York County, ss. — The Commonwealth of Pennsylvania to the sheriff of York county, greeting : Whereas, the Commonwealth of Pennsylvania, heretofore, to wit, in August Term, in the year 1824, in our Court of Common Pleas of said county, and by the judgment of the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
It cannot be questioned that the judgment obtained against the obligors in an action brought against them jointly on the bond in 1824, as recited in the scire facias sued out in this case against the personal representatives of John Stroman, a surety in the bond, who has died since the judgment, leaving David Gardner only, one of the principals named in the bond, surviving, and who still survives, merged the bond so that no subsequent action against the obligors, either jointly or severally, could be maintained thereon, and judgment had…
2Cases cited2 opinions
- Commonwealth ex rel. Huston v. MateerSupreme Court of Pennsylvania · 1827
- Weaver v. ShryockSupreme Court of Pennsylvania · 1820
3Cited by2 opinions
- Vredenburgh v. SnyderSupreme Court of Iowa · 1858
- Bowman's Administrators v. KistlerSupreme Court of Pennsylvania · 1859