Bennet v. Reed
Supreme Court of Pennsylvania
ERROR to the court of common pleas of Erie county. Charles M. Reed against John E. Norcross andEleazar C. Ben-net. This was a scire facias quare executio non to revise judgment No. 147, August term, 1S34, which was served upon Bennet, and “ nihil” as to Norcross. An alias scire facias was issued upon which the same return was made. In each writ Foster appeared for Bennet.
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ERROR to the court of common pleas of Erie county. Charles M. Reed against John E. Norcross andEleazar C. Ben-net. This was a scire facias quare executio non to revise judgment No. 147, August term, 1S34, which was served upon Bennet, and “ nihil” as to Norcross. An alias scire facias was issued upon which the same return was made. In each writ Foster appeared for Bennet. May 11, 1838, Watts, for plaintiff, signed judgment against Norcross for default of appearance; on the 14th of November, 1839, he signed judgment against Bennet for want of an affidavit of defence. And on the same day…
1Per curiam
The judgment was entirely regular. Where one of two defendants is in defanlt, it is necessary to sign judgment against him, in order to proceed against the other. But such judgment is interlocutory; and the venire which subsequently is tam triandum, as to the one, quam inquirendum as to the other; and when a verdict is returned upon it against both, final judgment is consequently rendered against both. Here there was no venire, judgment being rendered for a subsequent default against the other also. These interlocutory judgments were afterwards liquidated, and whether by inquest or by the…
2Cited by1 opinion
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