Griesmere v. Thorn

Citations

• 32 Pa. Super. 13
• 1906 Pa. Super. LEXIS 278

Syllabus

<p>Principal and surety — Release of surety — Execution—Lien—Fieri facias — Levy.</p> <p>The mere failure to follow up the general lien of a fieri facias by a levy upon and sale of the property of a principal, even where the principal has, at the time the writ was in the sheriff’s hands, sufficient personal property to pay the judgment, will not release the surety, who has not required the creditor to’proceed on 'his execution.</p> <p>Where a creditor has the means of satisfaction in his hands, and does not choose to retain it, but suffers it to pass into the hands of the principal debtor, the surety is discharged.</p> <p>Judgment — Revival of judgment — Defenses.</p> <p>If the consideration of a judgment has failed, or there is a defense growing out of the original equity to a part or all of the sum for which the judgment was entered, it is the privilege of the defendant to make application to the court to open the original judgment and permit him to defend; but so long as that judgment remains unassailed, no inquiry can be made into the consideration upon a trial of a scire facias to revive.</p> <p>Execution — Bill of sale — Sheriff’s sale — Judgment.</p> <p>Where all the goods covered by a bill of sale have been sold at a sheriff’s sale upon an execution issued on a judgment upon one of the notes for which the bill of sale was given as collateral, the amount realized by the sheriff’s sale is conclusive as to the value of the property.</p>