Skidmore v. Bradford
Supreme Court of Pennsylvania
In error from the District Court for the city and county of Philadelphia. Dec. 18, Jan. 20, 21. On the 30th May, 1835, a judgment was entered against Skidmore for $10,000, on a warrant of áttorney, reciting that he was bound in an obligation to V. L. Bradford in that sum, conditioned for the payment of a yearly ground-rent of $300, payable semi-annually, reserved in articles between the parties, and “ that said S. would, on the days, &c., keep, &c. all the covenants, &c., by…
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In error from the District Court for the city and county of Philadelphia. Dec. 18, Jan. 20, 21. On the 30th May, 1835, a judgment was entered against Skidmore for $10,000, on a warrant of áttorney, reciting that he was bound in an obligation to V. L. Bradford in that sum, conditioned for the payment of a yearly ground-rent of $300, payable semi-annually, reserved in articles between the parties, and “ that said S. would, on the days, &c., keep, &c. all the covenants, &c., by him therein to be kept, &c., and more-particularly, the covenant of the said S. therein mentioned, to build a…
1Opinion of the CourtGibson, C. J.
As to the main exception, which alone is worth consideration, it was sufficiently shown in Longstreth v. Gray, that, though bonds for the payment of money by instalments are within the 8 and 9 Will. 3, when sued by writ, yet they are not so, when judgments are entered on them without writ; and, that'the remarks of Chief Justice Tilghman, in Sparks v. Garrigues, are applicable to them only in the latter predicament. A judgment on bond and warrant is not within the statute; and the court exercises an equitable jurisdiction over it, by supervising the process upon it, and taking care that…
2Cited by4 opinions
- Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
- Everett v. Niagara Ins., Pennsylvania Court of Common Pleas, Clinton County1891
- Ramsey v. RamseySuperior Court of Pennsylvania · 1900
- Commonwealth v. MaxwellSupreme Court of Pennsylvania · 1907