Brannan v. Kelley
Supreme Court of Pennsylvania
In Error. WRIT of error to Allegheny county. On the 21st of January, 1818, a judgment was before a justice of the peace, by the plaintiff in error, Christopher Brannan, in favour of Hugh Kelley, the defendant in error, for four hundred and fifty-three dollars six cents ; and on the 19th of February following, a transcript of the judgment was filed in the Court of Common Pleas.
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In Error. WRIT of error to Allegheny county. On the 21st of January, 1818, a judgment was before a justice of the peace, by the plaintiff in error, Christopher Brannan, in favour of Hugh Kelley, the defendant in error, for four hundred and fifty-three dollars six cents ; and on the 19th of February following, a transcript of the judgment was filed in the Court of Common Pleas. On this judgment no execution was issued; and to yamíar^ Term, 1821, a scire facias post annum et diem, issued from the Court of Common Pleas, which recited a judgment recovered in that Court by Hugh Kelley against…
1Opinion of the Court
The judgment of the Court was delivered by
Gibson J. —
I have never known an instance in which the scire facias was issued by the justices The practice has, I believe, been universal, to revive by a scire facias in the Common Pleas ; and that ajon'e would be a sufficient reason for not disturbing it. The docketting of the transcript is for the purpose of binding, and having execution of, the defendant’s, land, with which it whs intended the justice should have nothing to do ; the'judgment for the purpose of affecting the land, being considered as in the Common Pleas, and for the purpose of…
2Cited by2 opinions
- Green v. LeymerSupreme Court of Pennsylvania · 1834
- King v. KingSupreme Court of Pennsylvania · 1829