Foster v. Passerieux
Superior Court of Pennsylvania
Appeal, No. 193, April T., 1908, by plaintiff, from order of C. P. Washington Co., Nov. T., 1902, No. 158, staying execution in case of Frank Foster (now R. L. McCarrell) in trust for Margaret Passerieux v. John Passerieux and August Yalentour. Demurrer to petition for stay of execution. Before Mc-Ilvaine, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order staying execution.
1Opinion of the Court
Opinion by
Porter, J.,
This is an appeal by the plaintiff from an order of the court below staying an execution, upon the ground that the full amount of the.judgment, upon which it issued, had been collected from the defendant, August Valentour, upon previous executions on the same judgment. John Passerieux and August Valentour, on March 3, 1894, executed and delivered to a trustee for Margaret Passerieux, the wife of John, a bond *309in the penal sum of $500, with warrant of attorney to confess judgment for said sum with five per cent attorney’s fees for collection. The bond recited an agreement ■…
2Cases cited4 opinions
- Hughes v. HughesSupreme Court of Pennsylvania · 1867
- New Holland Turnpike Co. v. Lancaster CountySupreme Court of Pennsylvania · 1872
- Dick v. GaskillSupreme Court of Pennsylvania · 1837
- Silverthorn v. HollisterSupreme Court of Pennsylvania · 1878
3Cited by5 opinions
- Commonwealth v. Grady and McNallySuperior Court of Pennsylvania · 1928
- Commonwealth Ex Rel. Hosey v. HoseySuperior Court of Pennsylvania · 1930
- Commonwealth v. FlowersSupreme Court of Pennsylvania · 1935
- Commonwealth v. Sigel, Pennsylvania Court of Common Pleas, Fulton County1938
- Stone v. Pittsburg, Binghamton & Eastern RailroadSuperior Court of Pennsylvania · 1914