Shively v. United States
Supreme Court of Pennsylvania
ERROR to Union county. The United States against Christian Shively who survived Jacob Stees. The plaintiff brought an action of debt against Shively and Stees, upon both of whom the writ was served. On the 30th of October 1818, Stees confessed judgment. On the 19th of February 1822, the court, on motion, rendered judgment against Shively, amount ascertained by direction of the court, 263 dollars 86 cents.
Read the full summary
ERROR to Union county. The United States against Christian Shively who survived Jacob Stees. The plaintiff brought an action of debt against Shively and Stees, upon both of whom the writ was served. On the 30th of October 1818, Stees confessed judgment. On the 19th of February 1822, the court, on motion, rendered judgment against Shively, amount ascertained by direction of the court, 263 dollars 86 cents. After the death of Stees this writ of scire facias quare executio non issued against Shively, to which he pleaded nul tiel record, upon which the court below rendered a judgment for the…
1Per curiam
By signing judgment against one defendant only, the other was irrevocably released; and no measure taken to bring him in again could he successful. Such is>the principle of Williams v. M’Fall, 2 Serg. & Rawle 280, and Bellyhoover v. The Commonwealth, 1 Watts 126, and it is immediately applicable to a joint action like the present. The subsequent judgment was, therefore, incurably irregular; and taking it not to be already void, it is entirely distinct from the other. The precedent one, if rendered in form, would-be that the plaintiff recover his debt of the principal only; *333and how it could…
2Cases cited2 opinions
- Beltzhoover v. CommonwealthSupreme Court of Pennsylvania · 1832
- Williams v. M'FallSupreme Court of Pennsylvania · 1816
3Cited by2 opinions
- Sickles v. MatherNew York Supreme Court · 1838
- Koenig v. Currans Restaurant Co.Supreme Court of Pennsylvania · 1932