Lewis v. Linton

Citations

• 207 Pa. 320
• 56 A. 874
• 1904 Pa. LEXIS 472

Syllabus

<p>Execution—Stay of execution—Payment of judgment—Practice, O. P. Where a petition to stay a writ of execution, verified by affidavit sets forth and alleges payment of the entire judgment under which the execution was issued, and also that the plaintiffs in the judgment who were foreign executors had never administered in the United States, and were not legally authorized to issue execution, and the plaintiff files no answer to the petition, it is error for the court to refuse the petition although it does so without prejudice to the defendants in the event of the sale of the property levied upon to be heard on an application to have the proceeds of the sale paid into court, and to have their rights determined therein.</p> <p>In such a case the proper practice is for the court to grant a rule to show cause why the prayer of the petition should not be granted. The plaintiffs should then file a responsive answer admitting or denying the allegations of the petition. An issue will thus be formed for consideration and determination by the court.</p>