Diamond v. Tobias
Supreme Court of Pennsylvania
In error from the Common Pleas of Philadelphia. Dee. 10. On the 4th of August, 1825, a judgment was obtained before a justice of the peace. It was subsequently marked to the use of Reid, and then to the use of Browne. In January, 1845, a transcript was filed in the Common Pleas, and on this a scire facias quare ex. non issued. The defendant pleaded, among other things, payment.
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In error from the Common Pleas of Philadelphia. Dee. 10. On the 4th of August, 1825, a judgment was obtained before a justice of the peace. It was subsequently marked to the use of Reid, and then to the use of Browne. In January, 1845, a transcript was filed in the Common Pleas, and on this a scire facias quare ex. non issued. The defendant pleaded, among other things, payment. On the trial the plaintiff read in evidence the transcript, and proved that it was shown'to the justice, who said it was a transcript from his record, and was correct: it was his record; that he had been to Texas, and…
1Opinion of the Court
Dec. 17.
Coulter, J.
The 10th section of the Act of 1810, requires the prothonotaries of the several counties to enter on their dockets, transcripts of judgments obtained before justices of the peace of their proper counties, which transcripts the justices are bound by the Act to deliver to any person who shall apply for the same.
The Act however provides that no prothonotary shall issue execution on any such transcript, until a certificate shall be first filed by the justice, that execution was issued by him to the proper *314constable, and that he made return thereon that no goods could be found…
2Cited by13 opinions
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- Woodward v. CarsonSupreme Court of Pennsylvania · 1904
- Taylor v. Tudor & FreeSuperior Court of Pennsylvania · 1923
- Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
- Taylor v. TudorSuperior Court of Pennsylvania · 1924
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