Baird v. Campbell
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Allegheny county. This was an action of trespass by Edward Campbell against Alexander Baird, George Harger and Joseph Livingston, in which the defendants were charged with selling and carrying away the plaintiff’s goods.
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ERROR to the Common Pleas of Allegheny county. This was an action of trespass by Edward Campbell against Alexander Baird, George Harger and Joseph Livingston, in which the defendants were charged with selling and carrying away the plaintiff’s goods. Alexander Baird had obtained a judgment before a justice against Edward Campbell, the plaintiff, upon which he had an execution issued and put into the hands of Joseph Livingston, upon which the present plaintiff’s goods were levied and sold. For this the defendants were charged with trespass in this action; upon the trial of which the court below…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— It is a principle, perhaps without exception, that a judgment shall not be reversed in a collateral proceeding for anything but collusion; 10 Watts 102. In defiance of that rule, the court admitted evidence, the only purpose of which was to examine into the merits of the original judgment before the justice. If a defendant, after being duly summoned, omits to make defence, *192he is ever afterwards precluded from showing that nothing was due in an action of trespass for an illegal seizure of his goods. The observance of the rule is necessary to…
2Cases cited1 opinion
- Welsh v. CrawfordSupreme Court of Pennsylvania · 1826
3Cited by6 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Sweeney v. GiroloSupreme Court of Pennsylvania · 1893
- Snyder v. WiseSupreme Court of Pennsylvania · 1848
- Podol v. ShevlinSupreme Court of Pennsylvania · 1925
- Magee v. ScottSupreme Court of Pennsylvania · 1859
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