Windsor v. Tillottson

Supreme Court of Pennsylvania May 19, 1890

Windsor v. Tillottson, 135 Pa. 208 (Pa. 1890)

19 A. 817; 1890 Pa. LEXIS 1172

Clark, Green, Mitchell, Paxson, Williams

Opinion of the Court

Per Curiam :

We are very clear that this writ of venditioni exponas was improvidently issued. The judgment had been opened, proceedings to stay in the meantime. The issue had been tried in the court below with the result of a verdict in favor of the plaintiff. A motion was made for a new trial, and pending this motion the execution was issued. The case was not determined. The pendency of a motion for a new trial left it open. Under such circumstances, it was not only irregular to issue the writ of venditioni exponas, but it came dangerously near being a contempt of court. It was probably not so intended.

Order affirmed.

Reference

Full Case Name: F. E. WINDSOR v. F. H. TILLOTTSON
Cited By: 1 case
Status: Published
Syllabus: (a) A judgment entered by confession was opened, proceedings on a fieri facias to stay in the meantime, and an issue awarded, which was afterwards tried and a verdict rendered for the plaintiff. Pending a motion and rule granted for a new trial of the issue, the plaintiff issued a venditioni exponas: 1. The pendency of the rule to show cause why a new trial of the issue should not be granted left the judgment open; the issuance of the writ of venditioni exponas was therefore improvident, and it was not error to set it aside though the rule for a new trial had previously been discharged.