Stewart v. Stocker
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Allegheny county; in an action of assumpsit for money had and received, &c. brought in that court by John C. Stocker, defendant in error, plaintiff below, against Lazarus Stewart, plaintiff in error. In the court below judgment was rendered in favour of the plaintiff, Stocker.
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IN ERROR. Error to the Court of Common Pleas of Allegheny county; in an action of assumpsit for money had and received, &c. brought in that court by John C. Stocker, defendant in error, plaintiff below, against Lazarus Stewart, plaintiff in error. In the court below judgment was rendered in favour of the plaintiff, Stocker. Stewart was the late sheriff of that county, and the plaintiff Stocker having lately obtained a judgment against Anthony Bee~ len and Henry Bosler, joint merchants trading under the' firm of Beelen $? Co. for the sum of five hundred and sixty-five dollars and thirty-three…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
The plaintiff says, that the execution was issued before the notes fell due, and therefore it was irregular and void. We know nothing of the evidence given on the trial of the cause, except what is mentioned in the charge of the court, to which the counsel for the defendant took a number of exceptions.
The great objection to the plaintiff’s action, and indeed, it seems to me to be insuperable, is, that it calls in question the *204■validity of an execution issued on a judgment in a court of competent jurisdiction. The judgment on the bond of…
2Cases cited1 opinion
- Lewis v. SmithSupreme Court of Pennsylvania · 1815
3Cited by4 opinions
- Stewart v. StockerSupreme Court of Pennsylvania · 1832
- Lowber & Wilmer's AppealSupreme Court of Pennsylvania · 1845
- Dickerson & Haven's AppealSupreme Court of Pennsylvania · 1847
- Moyer v. MeraySuperior Court of Pennsylvania · 1941