King v. Nimick
Supreme Court of Pennsylvania
Error to the District Court' of Allegheny county. This was an attachment execution issued at the suit of Henry S. King, for the use of Kramer and Rahm, and Sellers & Co., against Elias Baker, the defendant, and Nimick & Co., garnishees, on a judgment transferred from the Court of Common Pleas of Blair county.
Read the full summary
Error to the District Court' of Allegheny county. This was an attachment execution issued at the suit of Henry S. King, for the use of Kramer and Rahm, and Sellers & Co., against Elias Baker, the defendant, and Nimick & Co., garnishees, on a judgment transferred from the Court of Common Pleas of Blair county. The plaintiff, Henry S. King, at April Term 1858, obtained judgment, by confession, against Elias Baker, in the Court of Common Pleas of Blair county, for the sum of $10,500; and on the 18th March 1858, an exemplification of this judgment was filed in the District Court of Allegheny…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
A judgment that is transferred from one county to another, under the Act of 16th April 1840, bears a very strong analogy to a testatum execution. It is transferred only to facilitate its enforcement, but with a right to all the writs of scire facias that may be needed for that purpose. The primary judgment is still the principal one, and the court where that is, can alone take any action operating on the judgment itself, in any other way than by satisfaction, in the proper sense of the term. The court having the certified and secondary…
2Cited by15 opinions
- First National Bank and Tr. Co. v. LaubachSupreme Court of Pennsylvania · 1939
- Hudson v. ElySupreme Court of Oklahoma · 1912
- Doerr v. GraybillSuperior Court of Pennsylvania · 1904
- Nelson v. GuffeySupreme Court of Pennsylvania · 1890
- Lehigh & New England Railroad v. HanhauserSupreme Court of Pennsylvania · 1908
10 more not listed; retrieve them via the Exa API.