Grenell v. Sharp
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Wayne County. It appeared on the return of the record, that Miron Gaylord brought an action before a justice of the peace, on the 25th of July, 1827, against John Sharp, Wareham Day and Charles Stanton, on a promissory note drawn by the defendants. Judgment was given by the magistrate in favour of the plaintiff) on the Slst of July, 1827, for sixty-four dollars and eighty-nine cents, with costs.
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IN ERROR. Error to the Court of Common Pleas of Wayne County. It appeared on the return of the record, that Miron Gaylord brought an action before a justice of the peace, on the 25th of July, 1827, against John Sharp, Wareham Day and Charles Stanton, on a promissory note drawn by the defendants. Judgment was given by the magistrate in favour of the plaintiff) on the Slst of July, 1827, for sixty-four dollars and eighty-nine cents, with costs. Several executions were issued in this judgment; and on the 20th of February, 1830, the judgment was assigned to Wareham Day. A scire facias issued on…
1Opinion of the Court
The opinion of the Court was delivered by.
Sergeant, J. —
In this case the scire facias recited the judgment correctly, as having been rendered against Sharp, Day and Stanton, but it called on two of the defendants to answer, and to show cause why execution should, not be had against Sharp alone. The scire facias and proceeding thereon, were erroneous; for an execution must always pursue the judgment, and if the judgment be against three jointly, the execution must be also against them jointly. Penoyer v. Bruce, (1 Lord Ray. 244.) Salk. 319, S. C. 2 Barnes, 172, 210. 3 Keb. 298. 2 Bac. Ab. 725.…
2Cases cited3 opinions
- Johnston & Lyon v. FesslerSupreme Court of Pennsylvania · 1838
- Kelly v. EichmanSupreme Court of Pennsylvania · 1838
- Wilson v. WallaceSupreme Court of Pennsylvania · 1822
3Cited by3 opinions
- Kelly v. EichmanSupreme Court of Pennsylvania · 1838
- Richter v. CummingsSupreme Court of Pennsylvania · 1869
- Bressler v. Miller, Pennsylvania Court of Common Pleas, Schuylkill County1873