Legal Opinion

McKinney v. Brown

Supreme Court of Pennsylvania

Decided November 13, 1889No. 54PublishedCited by 9 opinions

APPEAL BY JENNIE BROWN PROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 54 October Term 1889, Sup. Ct.; court below, No. 235 December Term 1885, C. P. No. 1. On October 5, 1885, there was filed in the court below, for purposes of lien, a transcript of a judgment rendered on July 15, 1885, by a justice of the peace, in favor of Rebecca McKinney against Robert P. Brown and Jennie Brown, his wife, and judgment was entered thereon in favor of the plaintiff.

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APPEAL BY JENNIE BROWN PROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 54 October Term 1889, Sup. Ct.; court below, No. 235 December Term 1885, C. P. No. 1. On October 5, 1885, there was filed in the court below, for purposes of lien, a transcript of a judgment rendered on July 15, 1885, by a justice of the peace, in favor of Rebecca McKinney against Robert P. Brown and Jennie Brown, his wife, and judgment was entered thereon in favor of the plaintiff. The transcript was in -the following form: Civil Suit. Mrs. Rebecca McKinney vs. Robert Brown, and Jennie Brown. Summons in…

1Opinion of the Court

Opinion,

Mb. Chief Justice Paxson :

Error was assigned in this case to the refusal of the court below to strike off the judgment as to Mrs. Jennie Brown. The judgment entered was recovered before a justice of the peace against Robert P. Brown and Jennie Brown, and a transcript thereof was filed in the Common Pleas for the purpose of lien only. This does not give the Common Pleas jurisdiction *368over the judgment. That court cannot open or set it aside. The Common Pleas can only acquire jurisdiction over it when it is brought into that court upon certiorari or appeal. The judgment is still in force…

2Cases cited2 opinions

  1. Lacock v. WhiteSupreme Court of Pennsylvania · 1852
  2. Boyd v. MillerSupreme Court of Pennsylvania · 1866

3Cited by9 opinions

  1. First National Bank v. FairSuperior Court of Pennsylvania · 1919
  2. Schuylkill County v. MinogueSupreme Court of Pennsylvania · 1894
  3. Davies v. LewisSuperior Court of Pennsylvania · 1927
  4. Durbin v. Steele, Pennsylvania Court of Common Pleas, Greene County1927
  5. Frisbie Lumber Co. v. Kratzer, Pennsylvania Court of Common Pleas, Lehigh County1924

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