Gibson v. Todd
Supreme Court of Pennsylvania
On the return of the record of this case from the Court of Common Pleas of Mifflin county, it appeared that Thomas Todd, administrator-. of Thomas Beale, brought an action of debt on a judgment obtained by Thomas Beale and Elizabeth his wife, against David Gibson, the plaintiff in error, in which the following declaration was filed;— “ And whereupon the said Thomas Todd, administrator of Thomas Beale, as aforesaid, comes and complains of the said David Gibson for this, that…
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On the return of the record of this case from the Court of Common Pleas of Mifflin county, it appeared that Thomas Todd, administrator-. of Thomas Beale, brought an action of debt on a judgment obtained by Thomas Beale and Elizabeth his wife, against David Gibson, the plaintiff in error, in which the following declaration was filed;— “ And whereupon the said Thomas Todd, administrator of Thomas Beale, as aforesaid, comes and complains of the said David Gibson for this, that heretofore, to wit, on the 8th day of February, in the year .1819, at the county of Mifflin,, in. the Court of Common…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
Equity is part of the law of Pennsylvania; but, from what has been considered by some a defect in our jurisprudence, it is always administered through the medium of common law forms. The record presents the case of a joint judgment, on which the proper remedy, is in the name of the survivor, the legal owner, whether the remedy he by execution; or action of debt, ora Scire Facias. It has ever been held a decisive objection, that suit has been brbught' in the name of the equitable, and not the legal owner; for it has always been considered…
2Cases cited1 opinion
- Glass v. StewartSupreme Court of Pennsylvania · 1823
3Cited by3 opinions
- Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Sutterly v. FleshmanSuperior Court of Pennsylvania · 1912