Gasche v. Peterman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. Henry Peterman against Charles Gasche, with notice to Mathias Futterer, terre-tenant.
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ERROR to the Common Pleas of York county. Henry Peterman against Charles Gasche, with notice to Mathias Futterer, terre-tenant. The plaintiff had a judgment against the defendant for $400, payable in instalments of $50 a year, from 1835 to 1842, inclusive, which was entered in 1834. In 1839, the plaintiff issued this scire facias, with notice to the terre-tenant, calling upon the defendant “ to show why the said Henry ought not to have his execution against him for the debt and damages aforesaid,” &c. Upon the trial the jury found the following special verdict: “ That the four first…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The question raised here, the decision of which will dispose of the whole case, relates to the form and nature of *352the writ of scire facias sued out to April term 1839, upon a judgment entered of January term 1834. The judgment was entered upon a bond of $800, conditioned for the payment of $400, by annual instalments of $50 each, the first to be paid on the 1st of April 1835. The instalments which had become payable anterior to issuing the writ of scire facias were all paid, so that no part of the money mentioned in the condition of the…
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