Whitesell & Sons ex rel. Maul v. Peck
Supreme Court of Pennsylvania
Whitesell & Sons ex rel. Maul v. Peck, 176 Pa. 170 (Pa. 1896)
35 A. 48; 1896 Pa. LEXIS 1057
Whitesell & Sons ex rel. Maul v. Peck
Opinion of the Court
This is a proper cas'e for restitution. It might properly have been awarded by the court below, as the judgment was collected after the appeal to this court was taken and did not regularly appear as part of the record here. Having been brought to our attention however by petition and motion, we now have no hesitation in saying that a writ of restitution should issue out of the court below.
The writ is awarded.
Reference
- Full Case Name
- Whitesell & Sons to use of Frederick Maul v. Harry R. Peck, Edgar R. Phillips, W. J. Wallace and the Peck, Phillips & Wallace Co., Limited
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- Restitution — Writ of restitution — Appeal—Judgment. Pending an appeal from an order of the common pleas striking off the satisfaction of a judgment, the plaintiff in the judgment issued an execution, and the terre-tenant of the land was compelled to pay to the sheriff a large sum of money to prevent a sale of the land. The Supreme Court subsequently reversed the order striking off the satisfaction of the judgment. Held, that the terre-tenant was entitled to a writ of restitution.