Penrod v. Morrison
Supreme Court of Pennsylvania
IN EU1Í0K. EeRO.R to the Common Pleas of Somerset county. This was an action on the case for a conspiracy, brought by Janies Mitchell in his life time, against David Penrod, the plaintiff in error, and Alexander Morrison.
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IN EU1Í0K. EeRO.R to the Common Pleas of Somerset county. This was an action on the case for a conspiracy, brought by Janies Mitchell in his life time, against David Penrod, the plaintiff in error, and Alexander Morrison. Penrod alone made de-fence ; judgment was obtained against Morrison by default. -The plaintiff in his life-time had obtained three several verdicts and judgments against the defendants, for twelve, sixteen and eighteen hundred dollars ; all of which were reversed by the Supreme Court: after which he died: his death having been suggested upon the record, a scire facias was…
1Opinion of the Court
*130The opinion of the Court was delivered by
Rogers, J.
The plaintiff in error alleges, that' no suit can-Be sustained, because Mitchell had not at the time of the transfer any specific lien on the property. This was an action on the case for a conspiracy, by which the plaintiff has been prevented .from recovering his debt. Morrison being indebted to Mitchell, suit was commenced, which was in a course'of prosecution to judgment and execution. Although Mitchell could not collect his debt, by fi'.fa. and’ levy, as a chose ,in action is not the subject ef execution;' yet satisfaction-might have been…
2Cases cited1 opinion
- Keite v. BoydSupreme Court of Pennsylvania · 1827
3Cited by1 opinion
- Hurwitz v. HurwitzNew York Court of Common Pleas · 1894