Duff v. McDonough

Citations

• 2 Pa. Super. 373
• 1896 Pa. Super. LEXIS 64

Syllabus

<p>Equity — Attachment for costs — Imprisonment for debt — Act of July 12, 1842, P. L. 339.</p> <p>Where a hill in equity was brought, not on or because of any contract between the parties thereto, but to prevent the defendant from consummating a fraud on the plaintiff through the dishonest use of a deed which the defendant had obtained and asking for the cancellation of the same, the court may commit the defendant as for contempt for the nonpayment of costs. The case is not within the provisions of the act of July 12, 1842, P. L. 339, abolishing imprisonment for debt.</p> <p>The defendant’s indebtedness for costs partakes of the nature of the transaction which required the suit to be brought and can be collected in the same way that performance of the rest of the decree can be enforced.</p> <p>Record — Ground of suit.</p> <p>In ascertaining the grounds of suit and the decree in such a case the court must look at the whole record; this includes the pleadings, the master’s report, opinion of the court, if any be filed, and the decree.</p>