Commonwealth ex rel. Bellas v. Vanderslice
Supreme Court of Pennsylvania
In Error. WRIT of error to the Court of Common Pleas of Northumberland., on a scire facias against the administrators of . . . J ° Christian Miller.
Read the full summary
In Error. WRIT of error to the Court of Common Pleas of Northumberland., on a scire facias against the administrators of . . . J ° Christian Miller. From the evidence given in the Court' below, as exhibited the recorch ^ appeared, that to January Term, 1814, an action was commenced in the name of the Commonwealth, for the use of Hugh Bellas, esq. against Daniel Lebo, Sheriff of Northumberland county, Christian Miller, the intestate of the present defendants m error, and several other persons, who, together with Miller,.were the sureties of the Sheriff, in his official bond, on which the suit…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J. —
It is impossible to support the judgment o& this writ, which is a scire facias to revive a judgment against the administrator of a joint defendant, who died first; for it is clear law that a plaintiff who has recovered against a number. *457can have execution only against the survivors, the goods of .those who have died being dischatged. But although the judgment is to be executed against the persons or chattels oniy of the. survivors, it is otherwise as to the land : that continues bound by the lien ; which under the Stat. Westm. 2d is rendered…
2Cited by17 opinions
- Manufacturers' & Mechanics' Bank v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1844
- Chambers v. CochranSupreme Court of Iowa · 1864
- Neff's AppealSupreme Court of Pennsylvania · 1845
- Glazier v. DouglassSupreme Court of Connecticut · 1865
- Bank of Pennsylvania ex rel. Echelman v. WingerSupreme Court of Pennsylvania · 1829
12 more not listed; retrieve them via the Exa API.