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28 Pa. 172

Ellsbre v. Ellsbre

Supreme Court of Pennsylvania

Decided July 1, 1857

Supreme Court of Pennsylvania · decided 1857-07-01

This was an action on the case sur assumpsit, by William Ellsbre against Manson Ellsbre. The affidavit of the plaintiff was filed, deposing, to his belief, that the debt due exceeded one hundred dollars. On the 29th May, 1855, an award of arbitrators was filed in the case, finding $21.73 in favour of the plaintiff, and on the 8th of June, 1855, the defendant filed the plaintiff’s receipt, acknowledging satisfaction in full, for debt, interest, and costs.

Cited by 1 later decisions — most recently November 1910

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

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¶1The opinion of the court was delivered by

Knox, J.

¶2The plaintiff obtained an award of arbitrators against the defendant. Before the award had ripened into a judgment by the expiration of the twenty days allowed for an appeal, the plaintiff gave to the defendant a receipt in full of debt, interest, and costs, which was filed of record by the defendant. Did this receipt prevent the collection of the officers’ fees, by execution issued after the twenty days expired? We think not. The plaintiff had no right to receive the officers’ fees from the defendant, and the legal effect of the receipt was limited to, the debt, interest, and such costs as belonged to the plaintiff'. This left the award unsatisfied in part, and when no appeal was taken within the time allowed by law, the judgment became absolute that the defendant should pay to the officers their fees. To *173enforce this judgment a fi.fa. was legally issued, and the Court of Common Pleas erred in setting it aside.

¶3The order of the Court of Common Pleas, setting aside the fi. fa. and striking off the judgment, is reversed, the judgment reinstated, and procedendo awarded.

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