Elsasser v. Haines
Supreme Court of New Jersey
Demurrer to pleas. The declaration contained two counts. In substance, the first stated the following facts, viz.: That the plaintiff, on the 10th of October, 1868, obtained a judgment in the District Court for the city and county of Philadelphia, in the State of Pennsylvania, for a certain sum of money, against one William E. Owens; that a fien faeias was issued thereon; that after-wards,, on the 20th of October, 1868, “at the September Term of the said District Court for,…
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Demurrer to pleas. The declaration contained two counts. In substance, the first stated the following facts, viz.: That the plaintiff, on the 10th of October, 1868, obtained a judgment in the District Court for the city and county of Philadelphia, in the State of Pennsylvania, for a certain sum of money, against one William E. Owens; that a fien faeias was issued thereon; that after-wards,, on the 20th of October, 1868, “at the September Term of the said District Court for, &c., the said defendant, in his own proper person, came before the said District Court, and then and there, in open…
1Opinion of the Court
*12The opinion of the court was delivered by
Beasley, Chief Justice.
The two questions involved will be considered seriatim, as they are raised upon the record.
The first count of the declaration is based on a judgment upon a recognizance rendered in the District Court of the city and county of Philadelphia.
Erom this narration of the ground of action it is shown that the plaintiff obtained a judgment in the court just mentioned against one Owens; that by a statute of Pennsylvania a defendant was entitled to a stay of execution for a definite period by giving security in a certain mode for the sum…
2Cases cited2 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Nations v. JohnsonSupreme Court of the United States · 1861
3Cited by21 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- State ex rel. Andreu v. CanfieldSupreme Court of Florida · 1898
- Rickenbach v. Wells Fargo Bank, N.A.District Court, D. New Jersey · 2009
- Collin County Nat. Bank v. HughesCourt of Appeals for the Eighth Circuit · 1907
- Smith v. SmithCalifornia Court of Appeal · 1953
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