Compher v. Anawalt
Supreme Court of Pennsylvania
ERROR to the common pleas of Somerset county. This suit was originally brought by John Anawalt in 1819 against David Reily and William Compher the plaintiffin error. The writ, which was a capias, was returned “ cepi corpus and bail bond as to David Reily only.” There was no service on Compher; but there was a general appearance by an attorney, whose name was marked on the margin of the docket opposite both defendants.
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ERROR to the common pleas of Somerset county. This suit was originally brought by John Anawalt in 1819 against David Reily and William Compher the plaintiffin error. The writ, which was a capias, was returned “ cepi corpus and bail bond as to David Reily only.” There was no service on Compher; but there was a general appearance by an attorney, whose name was marked on the margin of the docket opposite both defendants. On the 10th of March 1819 the cause was referred by the plaintiff below, who, together with Reily, chose arbitrators, who filed an award of 95 dollars with costs of suit in…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
This writ of error brings up singly the judgment on the scire facias against Compher, at the suit of the administrators of Anawalt. It does not profess to remove from the court below the original judgment; nor, indeed, could a writ of error issue for that purpose, as more than seven years had elapsed from the rendition of the judgment. The only question, therefore, is, whether the judgment in the scire facias is erroneous ; and it clearly is not so on its face, having been entered after the return of two nihils, which, by long established…
2Cases cited2 opinions
- Coxe v. NichollsSupreme Court of Pennsylvania · 1800
- Erdman v. StahlneckerSupreme Court of Pennsylvania · 1825
3Cited by8 opinions
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- Rogers v. BurnsSupreme Court of Pennsylvania · 1856
- Taylor v. YoungSupreme Court of Pennsylvania · 1872
- Steltzer v. BeattySuperior Court of Pennsylvania · 1916
- Lawrence's ex rel. Brown v. Rutherford, Pennsylvania Court of Common Pleas, Dauphin County1868
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