Wheelen Bros. v. Phillips
This text of 21 A. 239 (Wheelen Bros. v. Phillips) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We are of opinion that the court below was right in striking the attachment execution from the record. We need not discuss the question whether such writ is an “ execution,” under the act pf May 19, 1887, P. L. 132, for the reason that the action of the court below can be sustained independently of said act. The judgment in question was over twenty years old when the attachment was issued; it was in law presumed to be paid, and we do not think any process can be issued upon it except a scire facias to revive. This has been done; and if, upon the trial of the scire facias, the plaintiff can rebut the presumption of payment, he will then have a live judgment upon which an attachment or other execution process may issue. •
Order affirmed.
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Cite This Page — Counsel Stack
21 A. 239, 140 Pa. 33, 1891 Pa. LEXIS 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheelen-bros-v-phillips-pa-1891.