Robinson v. Narber
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Tioga county: No. 372, to January Term 1870. In the court below, on the 11th of November 1869, C. & J. L. Robinson brought an action of assumpsit against Robert C. Cox, William F. Wiseman and William Narber. On the 6th of December 1869, the plaintiffs took judgment for want of an affidavit of defence for f 1012.37. An execution was issued December 28th.
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Error to the Court of Common Pleas of Tioga county: No. 372, to January Term 1870. In the court below, on the 11th of November 1869, C. & J. L. Robinson brought an action of assumpsit against Robert C. Cox, William F. Wiseman and William Narber. On the 6th of December 1869, the plaintiffs took judgment for want of an affidavit of defence for f 1012.37. An execution was issued December 28th. On the 4th of January 1870, Narber claimed a stay of execution as a freeholder, on which a rule to show cause was granted. The court (White, P. J.) heard evidence on the return of the rule, and, against…
1Opinion of the Court
The opinion of the court was delivered, March 21st 1870, by
Sharswood, J.
Whether defendant William Narber was possessed of an estate in fee simple within the county of Tioga worth the amount of the judgment recovered, clear of all encumbrances, so as to entitle him to a stay of execution, under the 3d section of the Act of June 16th 1836, relating to executions (Pamph. L. 762), was a question of fact not reviewable in this court on a writ of error. It depended upon the opinion of the court upon evidence submitted to them, which forms no-part of the record which is brought here.
It is contended,…
2Cases cited1 opinion
- Kincaid v. PurcelIndiana Supreme Court · 1848
3Cited by1 opinion
- Ballingall v. KiteSuperior Court of Pennsylvania · 1909