Stewart v. Peterson's Executors
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 122, to October and November Term 1869. This was a scire facias issued, May 4th 1869, by William Peterson and another, executors, &c., of H. H. Peterson, deceased, against William H. Stewart.
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Error to the District Court of Allegheny county: No. 122, to October and November Term 1869. This was a scire facias issued, May 4th 1869, by William Peterson and another, executors, &c., of H. H. Peterson, deceased, against William H. Stewart. W. H. Stewart, in 1851, brought a suit against the executors of H. H. Peterson, deceased, in which the defendants recovered a verdict; judgment was entered on the verdict January 4th 1856. On the 10th of June the defendants’ costs were taxed at $135.73. On the 30th of October 1856 a fi. fa. for costs was issued, to this there has been no return. No…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Sharswood, J. —
At common law where a party had recovered a judgment in a personal action, and suffered a year and a day to elapse without taking out execution, he was driven in order to reap the fruits of it to a new action of debt upon the judgment. The Statute of Westminster 2, 13 Edw. 1, St. 1, c. 45, first gave a writ of scire facias in such a ease, as was the law previously in real actions: 6 Bacon’s Abr. fit. “Scire Facias”, C.; Roberts Dig. 240. The right to resort to the former action still remained, and it seems to be the…
2Cases cited9 opinions
- Denison v. WilliamsSupreme Court of Connecticut · 1822
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
- Clark v. GoodwinMassachusetts Supreme Judicial Court · 1817
- Hale v. AngelNew York Supreme Court · 1823
- Ives v. FinchSupreme Court of Connecticut · 1859
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3Cited by10 opinions
- Bolender v. Farm Bureau Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1973
- Shearer v. NaftzingerSuperior Court of Pennsylvania · 1998
- Frill v. FrillSupreme Court of Pennsylvania · 1946
- Logue v. Potts Manufacturing Co., Pennsylvania Court of Common Pleas, Cumberland County1955
- American Bankers Finance Co. v. Majeski, Pennsylvania Court of Common Pleas, Delaware County1932
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