Feagley v. Norbeck

Citations

• 127 Pa. 238
• 17 A. 900
• 1889 Pa. LEXIS 1107

Syllabus

<p>1. An order setting aside an execution is in the nature of a final judgment, and a writ of error will lie thereto.</p> <p>2. Where, at the time a bond with warrant of attorney to enter judgment is executed, the obligee agrees in writing not to issue execution except on a specified contingency, it is not error to set aside an execution issued in violation of the agreement.</p> <p>3. The record showed that depositions had been filed to be read at the hearing of the rule to set aside the execution, but they were not furnished to the Supreme Court: In such ease the finding of the court below, that the writ was issued in violation of the agreement, will be taken as correct.</p>