Legal Opinion

King v. King

Supreme Court of Pennsylvania

Decided September 15, 1829Published

The plaintiff in error, who was also the plaintiff below, sued out this writ of error to the Common Pleas of Erie county, to remove the record of a suit which originated upon a writ of scire facias to revive a judgment against Earl King, obtained and entered under the following circumstances.

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The plaintiff in error, who was also the plaintiff below, sued out this writ of error to the Common Pleas of Erie county, to remove the record of a suit which originated upon a writ of scire facias to revive a judgment against Earl King, obtained and entered under the following circumstances. An unsettled account existed between the plaintiff and defendant, and they, without any other authority than their own consent, called together three of their neighbours, to whom they agreed to refer their respective claims. After the parties had exhibited their accounts, on the one side and the other;…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

The irregularity of inquiring into the validity of the original judgment in the trial of the scire facias, was waived by the plaintiff, who, in agreeing to the admission of parol evidence of the alleged fraud, consented to a trial on the merits; and as the jury have negatived the fraud, the only assignment of error that can be urged, is that which relates to the direction with respect to the objection depending upon legal grounds. Evidence having been given that the parties being at the house of a third person, and before arbitrators, of…

2Cases cited1 opinion

  1. Brannan v. KelleySupreme Court of Pennsylvania · 1822

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