The Practice in Civil Actions And Proceedings in the Supreme Court of Pennsylvania : And in the Courts of Common Pleas for the County of Philadelphia And in the Courts of the United States
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' McCann u. Farley, M< sMpra. Kase V. Kase, 34 Penn. St. 128. ' Loomis v. Lane, ut supra. POWERS OF THE COUET. 611 prevent one from issuing, has been frequently recognised, and is common in practice.' § 1057. A judge may stay an execution, upon good and sufficient grounds shown, but it should be with a stipulation that the lien be pre- served.^ But a rule to show cause why a judgment should not be opened, does not stay the proceedings, without an order to that effect ;^ and the sheriff is liable for goods previously levied on under such judgment, which, by his neglect to sell, were levied on and sold under a subsequent execution, and the proceeds paid to the plaintiff in that suit.'' The authority exercised by a judge at chambers, in a cause pending, is the authority of the court itself, and may be enforced by attachment, because disobedience to a judge's order is a contempt of court, and punishable as such. This jurisdiction is, ex necessitate rei, to prevent oppression, and to facilitate the interlocutory proceedings in suits at law, and embraces a variety of important subjects.'' The proper mode of proceeding, in most cases, is by summons in the nature of a rule nisi, fixing a day for a hearing, and served on the opposite party ; without this, the judge ought not to interfere, unless the order sought be of course.
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To quickly assess the difficulty of the text, read a short excerpt:
' McCann u. Farley, M< sMpra. Kase V. Kase, 34 Penn. St. 128. ' Loomis v. Lane, ut supra. POWERS OF THE COUET. 611 prevent one from issuing, has been frequently recognised, and is common in practice.' § 1057. A judge may stay an execution, upon good and sufficient grounds shown, but it should be with a stipulation that the lien be pre- served.^ But a rule to show cause why a judgment should not be opened, does not stay the proceedings, without an order to that effect ;^ and the sheriff is liable for goods previously levied on under such judgment, which, by his neglect to sell, were levied on and sold under a subsequent execution, and the proceeds paid to the plaintiff in that suit.'' The authority exercised by a judge at chambers, in a cause pending, is the authority of the court itself, and may be enforced by attachment, because disobedience to a judge's order is a contempt of court, and punishable as such. This jurisdiction is, ex necessitate rei, to prevent oppression, and to facilitate the interlocutory proceedings in suits at law, and embraces a variety of important subjects.'' The proper mode of proceeding, in most cases, is by summons in the nature of a rule nisi, fixing a day for a hearing, and served on the opposite party ; without this, the judge ought not to interfere, unless the order sought be of course.
What to read after The Practice in Civil Actions And Proceedings in the Supreme Court of Pennsylvania : And in the Courts of Common Pleas for the County of Philadelphia And in the Courts of the United States?
You can find similar books in the "Read Also" column, or choose other free books by Pennsylvania Supreme Court to read online
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