The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30; 1892-1921 Volume 5

The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30; 1892-1921 Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...execution issued upon a judgment more than five years old and not revived by scire facias, could not question the validity of the sale in a collateral proceeding, Justice Bell, in delivering the opinion, says: "True, there ought regularly to be a sci. fa. post annum ct diam, but this is equally necessary where the object is the seizure of personalty. It is objected there is none such here. Had this objection been made by the defendant in proper time the execution against him must have been set aside." We have already quoted from the text of Troubat ct Haly's Practice, which seems to have had some weight with Judge Woodward in deciding the case of Huzzard v. Miller, and the same language is carried into the subsequent edition of Troubat & Haly, and is immediately preceded 1n section 1043 of the last edition by the following language: "The Act of 1846 has been construed in practice to make no alteration in the law as to keeping the judgment alive by issuing an execution within the period allowed for that purpose, and entering formal continuances," and the only case cited there as authority for this expression is Landouzy v. Seelos, supra. We have already referred to this, and it is not authority for the construction of the Act of 1845 announced. The report of that case does not state whether the levy was on real or personal property, We infer from the argument of counsel that it was personal property, and there is no reference in the case to keeping a. judgment alive. It is simply authority that the practice in the decisions in Miles must be considered settled in Philadelphia. It seems to us that there is a confusion in Troubat & Haly's Practice between the English practice, as approved in Young...show more

Product details

  • Paperback | 580 pages
  • 189 x 246 x 30mm | 1,021g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236907302
  • 9781236907301