Fraley's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Northampton county: No. 308, to January Term 1874. In the distribution of the proceeds of the sheriff’s sale of the real estate of Jacob Schweitzer.
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Appeal from the Court of Common Pleas of Northampton county: No. 308, to January Term 1874. In the distribution of the proceeds of the sheriff’s sale of the real estate of Jacob Schweitzer. The facts in this case were as follows:— On the 25th of April 1871, judgment was entered in the Court of Common Pleas of Northampton county in favor of Jefferson Schweitzer against Jacob Schweitzer for $575.02, on a note dated April 1st 1871, with short warrant of attorney to confess judgment written under the note, so that it could not be detached from it. Neither the note nor warrant of attorney was…
1Opinion of the Court
Judgment was entered- in the Supreme Court March 30th 1874.
2Per curiam
We think this case is governed by the same principle which ruled the cases of Fisher v. Knox, 1 Harris 626, and Campbell’s Appeal, 5 Casey 402. The practice of delivering a note or bond, upon which judgment is entered by the prothonotary under the Act of 1806, back to the plaintiff is bad and malus usus abolendus est. It should remain on file as the evidence of authority for the judgment and the protection of the defendant.
Judgment affirmed.