Public-domain · open source
OpenJurist

147 Pa. 545

Miller v. Miller

Supreme Court of Pennsylvania

Decided March 21, 1892

Supreme Court of Pennsylvania · decided 1892-03-21

Appeal, No. 302, Jan. T., 1892, by Wm. Miller et al., administrators of Mahlon Miller, from an order of C. P. Berks Co., Aug. T., 1890, No. 15, setting aside fi. fa. so far as same related to real estate.

Key passage — most relied on by later courts

““Prom and after the passage of this act, execution may issue upon ad-judgment of record in any of the courts of this commonwealth, notwithstanding such judgment may have lost its lien upon real estate without a previous writ of scire facias to revive the same: Provided, however, that such execution shall not issue after the lapse of twenty years from the maturity of the judgment. And provided, further, that at' the same time execution is issued a- scire facias shall be issued to revive the judgment upon which said execution is issued, and in case the defendant or defendants in said writs file an affidavit alleging a just and legal defense against the revival of said judgment, it shall be lawful for the court, or a judge thereof in vacation, to stay the writ of fieri facias by an order presenring a lien thereof, and to order the scire facias on the head of the list for trial at the next term for the trial of civil cases.””

quoted by 1 later decision, including Davis v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1892-03-21

How this case has been cited

Cited by 4 later decisions — most recently September 1944

1 federal appellate · 3 state decisions

20189219001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam,

¶1For reasons given in its opinion filed October 20, 1890, the court below was clearly right in setting aside the levy on defendant’s real estate, and all subsequent proceedings thereunder.

¶2Before plaintiff’s execution was issued, the lien of their judgment, as to purchasers and subsequent judgment creditors, had expired; and no judgment of revival was obtained on their scire facias until October 20, 1890. In the meantime, viz., July 30, 1890, Jeremiah Miller obtained judgment against defendant, and, of course, his lien antedated that of the plaintiffs on their scire facias to revive etc.

¶3The act of May 19,1887, P. L. 132, provides that, from and after its passage, “ execution may issue upon any judgment of record in any of the courts of this commonwealth, notwithstanding such judgment may have lost its lien upon real estate, without a previous writ of scire facias to revive the same: Pro-; vided, however, that such execution shall be confined or restricted to the personal property only of the debtor, and that such execution shall not issue after the lapse of twenty years from the maturity of the judgment.”

¶4*548The order complained of did not interfere with any lien the plaintiffs may have had on the defendant’s personal property by virtue of their execution. It was only the levy and proceedings had thereunder, so far as the same relates to the real estate of defendant, that was vacated and set aside by the order.

¶5The specifications are not sustained.

¶6The order of the court is affirmed, with costs to be paid by appellants.

/147/pa/545 · .json · Public domain