Supreme Court of Pennsylvania, 1896

Whitesell & Sons ex rel. Maul v. Peck

Whitesell & Sons ex rel. Maul v. Peck
Supreme Court of Pennsylvania · Decided May 25, 1896
176 Pa. 170; 35 A. 48; 1896 Pa. LEXIS 1057

Whitesell & Sons ex rel. Maul v. Peck

Opinion of the Court

Per Curiam,

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.

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