Casey v. Brelsford

Pennsylvania Court of Common Pleas, Philadelphia County

Decided January 13, 1838

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-01-13

THE plaintiff had obtained a judgment (December term, 1837, No. 222,) for want of a sufficient affidavit of defence, in which the defendant had averred that a part of the plaintiff’s debt had accrued prior to his, the defendant’s, discharge under the insolvent laws.

Decided 1838-01-13

Per Curiam.—

¶1As to so much of this application as relates to the defendant entering security for stay of execution for a part of the amount of the judgment, we have no authority to interfere, as none is granted by the acts of assembly. (See Stroud’s Puri, lit. Execution.) As to entering judgment de bonis for another part of the amount of the judgment, the court have settled that to be inadmissible.a

¶2Rule discharged.

¶3 See Dorr v. McClintock, in this volume.