Hartzell v. Reiss
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Northampton county. On the 12th of November 1793, Hartzell, as sheriff of Northampton county, sold a tract of land which was purchased by Reiss, who paid him part in cash, and for the residue gave his bill penal with a warrant of attorney.
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In Error. THIS was a writ of error to the Common Pleas of Northampton county. On the 12th of November 1793, Hartzell, as sheriff of Northampton county, sold a tract of land which was purchased by Reiss, who paid him part in cash, and for the residue gave his bill penal with a warrant of attorney. Judgment was confessed on the 26th of August 1795. A scire facias to revive the judgment was brought to April Term 1803, to which Reiss appeared, and pleaded payment with leave to give the special matter in evidence. The cause was continued until March 1806, when a motion was made on behalf of the…
1Opinion of the Court
Tilghman C. j.
delivered the opinion of the court.
The plaintiff in error, who was plaintiff in the court below, brings this case before the court on a bill of exceptions.
The plaintiff’s objection to the admission of the evidence is founded on this principle, that nothing can be pleaded to a scire facias in bar of execution, which might have been pleaded to the original action. The principle is undoubtedly true; but how does it bear upon the case before us? The original judgment was regularly entered; nor had the defendant any thing to say in bar, if the plaintiff had brought suit on the…
2Cited by2 opinions
- Rearich v. SwinehartSupreme Court of Pennsylvania · 1849
- Belber v. BelberSuperior Court of Pennsylvania · 1898