SHONK v. DUNGAN


86 Pa. D. & C. 294 (1953)

Shonk v. Dungan

Common Pleas Court of Luzerne County, Pennsylvania.

April 27, 1953.


Attorney(s) appearing for the Case

John R. Verbalis and Thomas C. Moore, for plaintiff.

Arthur Silverblatt, for defendant.


FLANNERY, J., April 27, 1953.

This is a motion to quash a writ of capias ad satisfaciendum which was executed simultaneously with a writ of fieri facias.

It appearing to the court that where a plaintiff levies a fieri facias upon the estate of defendant and, while this is in force, charges him in execution upon a capias ad satisfaciendum founded on the same judgment, an option is given defendant to set aside the service of one

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