Allen v. Conrad
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of debt by Osborn Conrad against John H. Allen, on the Act of April 13th 1791, § 14 (Purd. 576, pi. 27, 3 Sm. L. 32), for not entering satisfaction on a judgment.
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Error to the District Court of Philadelphia. This was an action of debt by Osborn Conrad against John H. Allen, on the Act of April 13th 1791, § 14 (Purd. 576, pi. 27, 3 Sm. L. 32), for not entering satisfaction on a judgment. Allen issued execution on a judgment he held against Conrad for $2936, Conrad made affidavit that, on the 19th of February before, he had tendered to Allen the whole amount of debt, interest and costs, and obtained a rule on the sheriff and plaintiff to show cause why he should not pay to the sheriff the whole amount of debt, interest and costs to that day, in full…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
This was an action of debt upon statute. Allen held by assignment a judgment against Conrad, upon the record of the District Court of December Term 1863, Ño. 177, for the sum of $2936, which, after payment in full and after the statutory demand for satisfaction, he had failed to satisfy of *489record. This suit was brought to recover damages for that neglect.
It was objected that the action would not lie, because the record exhibited such proceedings upon the judgment as amounted in law to a satisfaction of it, and therefore a formal entry…
2Cases cited1 opinion
- Henry v. SimsSupreme Court of Pennsylvania · 1836