Braddee v. Brownfield
Supreme Court of Pennsylvania
ERROR to the common pleas of Fayette county. This was an action of debt by John F. Braddee against Basil Brownfield, to recover the penalty provided by the act of the 13th of April 1791, for refusing to enter satisfaction upon a judgment.
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ERROR to the common pleas of Fayette county. This was an action of debt by John F. Braddee against Basil Brownfield, to recover the penalty provided by the act of the 13th of April 1791, for refusing to enter satisfaction upon a judgment. The declaration set out that the judgment was entered by warrant of attorney on the 1st of April 1834, and that the judgment or debt had been previously paid, and that the notice required by the act of assembly had been given and the plaintiff refused to enter satisfac(ion, &c. And the proof was, that after the bond and warrant upon which the judgment had…
1Opinion of the Court
*475The opinion of the Court was delivered by
Gibson, C. J.
—In contemplation of law, a judgment on warrant of attorney is as much an act of the court as if it were formally pronounced on nil dicit, or a cognovit; and till ii is reversed or set aside, it has all the qualities and effect of a judgment on verdict. That it is a judgment within the meaning of the statute on which the action is founded, the plaintiff has himself affirmed by counting on it. Like any other judgment, it is an estoppel, and concludes the parties from drawing into controversy the point or thing adjudicated. Notwithstanding…
2Cited by13 opinions
- Miltimore v. Miltimore & De BorbonSupreme Court of Pennsylvania · 1861
- Hazelett v. FordSupreme Court of Pennsylvania · 1840
- Montague v. McDowellSupreme Court of Pennsylvania · 1882
- Hageman v. SalisberrySupreme Court of Pennsylvania · 1873
- Kostenbader v. KueblerSupreme Court of Pennsylvania · 1901
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