Thompson v. Reash

Decided October 8, 1900

Superior Court of Pennsylvania · decided 1900-10-08

Appeal, No. 230, April T., 1900, by defendant, in suit of M. J. Thompson, use of E. K. Adams against Isaac Reash, from order of C. P. Mercer Co., April T., 1900, No. 14, discharging rule to show cause why execution should not be set aside. Opinion by Rice, P. J.

Modified and affirmed · Decided 1900-10-08

¶1Opinion by

Rice, P. J.,

¶2The same question is raised in this case as in No. 231, April term, 1900. For the reasons given in the opinion filed in that case the decree of April, 1900, discharging the rule to show cause why the execution should not be set aside is affirmed and the appeal dismissed at the costs of the appellant, without prejudice, however, to his right to move the court below to stay execution and to set up the defense now urged upon the trial of the sci. fa. as provided in the Act of May 19, 1887, P. L. 132.