Guilky v. Gillingham
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Philadelphia county. Moses Gillingham recovered against Joseph Guilky, 71 dollars and 4 cents, before Justice Worrell, on the 19th September, 1810. In March, 1814, he issued a scire facias before the same magistrate upon this judgment, on which he had judgment for 85 dollars 67§ cents.
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In Error. ERROR to the Common Pleas of Philadelphia county. Moses Gillingham recovered against Joseph Guilky, 71 dollars and 4 cents, before Justice Worrell, on the 19th September, 1810. In March, 1814, he issued a scire facias before the same magistrate upon this judgment, on which he had judgment for 85 dollars 67§ cents. The defendant appealed to the Common Pleas from the latter judgment; but, that Court, on motion, dismissed the appeal, being of opinion, that the act of assembly did not authorise an appeal from a judgment upon a scire facias. It afterwards appeared, that the record did…
1Opinion of the Court
Tilghman C. J.
Moses Gillingham obtained from Isaac Worrell Esq. a justice of the peace, a scire facias on a judgment formerly rendered by the same justice, for the said , ' , _ . , Moses Gillingham against Joseph Guilky. Gillingham obtained judgment on the scire facias, and Guilky appealed to the Court of Common Pleas, by whom the appeal, was dismissed, on motion of the appellee. Two reasons are given, in favour of the dismissal of the appeal. One, that no appeal lies on a scire facias. The other, that the appellant had not given the security required by law, on entering his appeal.
On…