1 Binn. 125
Decided September 18, 1804
Supreme Court of Pennsylvania · decided 1804-09-18
THE plaintiff in this cause recoveredjudgment for a siam less than was requisite to entitle him to costs, and then issued a Ca. sa. upon which the debt, interest, and costs, were levied by the sheriff who paid them over to the persons respectively interested.
Decided 1804-09-18
¶1plaintiff was the cause of the irregularity by The issuing execution for more than was due to him; and as the process of the court was made use of to compel the defendant to pay what by law he was not bound to pay, this summary pro. ceeding in the cause is the proper one to enforce repayment.
¶2Rule absolute. Tuesday,