Whitesell & Sons ex rel. Maul v. Peck
Citations
- 176 Pa. 170
- 35 A. 48
- 1896 Pa. LEXIS 1057
Syllabus
<p>Restitution — Writ of restitution — Appeal—Judgment.</p> <p>Pending an appeal from an order of the common pleas striking off the satisfaction of a judgment, the plaintiff in the judgment issued an execution, and the terre-tenant of the land was compelled to pay to the sheriff a large sum of money to prevent a sale of the land. The Supreme Court subsequently reversed the order striking off the satisfaction of the judgment. Held, that the terre-tenant was entitled to a writ of restitution.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “An appellate court may not sua sponte address an issue not raised by counsel, because it deprives counsel of the right to brief and argue the issues and it also deprives the court of the benefit of counsel’s advocacy.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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