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· 3/10/1890

O'Donnell v. School D. of Cass Tp.

Citations

  • 133 Pa. 162
  • 19 A. 358
  • 1890 Pa. LEXIS 885

Syllabus

<p>1. The writ provided by § 21, act of May 8, 1854, P. L. 617, for the enforcement of judgments against school districts, is not an alternative mandamus, but a special writ of execution directed against the money of the defendant, and enforceable by attachment against the officers of the district, in case it be not obeyed.</p> <p>2. Said writ is an execution within the meaning of §§ 1 and 2, act of June 16, 1836, P. L. 761, and §4, act of April 16, 1845, P. L. 538, prohibiting the issue of execution upon any judgment after the expiration of five years, unless the judgment has been revived or the defendant warned by scire facias.</p>

Judges: Clark, Green, Mitchell, Paxson, Sterrett, Williams

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