Legal Opinion

Smith v. Wehrly

Supreme Court of Pennsylvania

Decided October 2, 1893No. Appeal, No. 59PublishedCited by 5 opinions

Appeal, No. 59, July T., 1892, by defendant, George Wehrlv, from order of C. P. Lancaster Co., Nov. T., 1889, No. 88, in favor of plaintiff, H. G. Smith & Co., discharging rule to set aside execution. Rule to stay execution and open judgment. Testatum fieri facias to York county on judgment of justice of the peace. Before Livingston, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was order discharging rule to stay execution.

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Appeal, No. 59, July T., 1892, by defendant, George Wehrlv, from order of C. P. Lancaster Co., Nov. T., 1889, No. 88, in favor of plaintiff, H. G. Smith & Co., discharging rule to set aside execution. Rule to stay execution and open judgment. Testatum fieri facias to York county on judgment of justice of the peace. Before Livingston, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was order discharging rule to stay execution. The proceedings were in violation of the act of May 5,1854, P. L. 581: Bannan v. Rathbone, 3 Grant, 259. The court below seemed to be under…

1Opinion of the Court

Opinion by

Me. Justice Dean,

The plaintiffs, on November 12, 1877, obtained judgment before Alderman Spurrier, of Lancaster, against defendant in sum of $76.32. There were regular service, appearance and hearing on the day appointed, proof of claim, then judgment. The learned court below was clearly right in holding that the judgment of the alderman should not be disturbed. The only question for consideration is, whether the subsequent proceedings are clearly authorized by statute.

After the judgment was entered, on 4th of December, 1877, plaintiffs issued execution, to which the constable…

2Cases cited2 opinions

  1. Green v. LeymerSupreme Court of Pennsylvania · 1834
  2. Hitchcock v. LongSupreme Court of Pennsylvania · 1841

3Cited by5 opinions

  1. Taylor v. Tudor & FreeSuperior Court of Pennsylvania · 1923
  2. Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
  3. Doerr v. GraybillSuperior Court of Pennsylvania · 1904
  4. Peoples' Trust, Savings & Deposit Co. v. EhrharSupreme Court of Pennsylvania · 1907
  5. State ex rel. Gill v. TissotSupreme Court of Louisiana · 1882

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