Fitzgerald v. Caldwell's executors
Supreme Court of Pennsylvania
The original cause being remitted to the supreme court, upon the decision of the high court of errors and appeals, (a) this scire facias was brought to enforce the judgment against Caldwell’s executors, returnable to September term 1798 ; and issue was therein joined upon the pica of “payment.”
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The original cause being remitted to the supreme court, upon the decision of the high court of errors and appeals, (a) this scire facias was brought to enforce the judgment against Caldwell’s executors, returnable to September term 1798 ; and issue was therein joined upon the pica of “payment.” To maintain the plea, the defendant’s counsel recapitulated the facts set forth in the report of Fitzgerald v. Caldwell, 2 Dall. 215 ; and contended, that, while the attachments were depending, Caldwell was not liable for interest ; that as soon as the original question had been decided, upon the trial…
1Opinion of the Court
Shippen, Chief Justice.
— We have neither the power; nor the inclination to impair the judgment of the high court of errors and appeals, by asserting a contrary opinion, in point of law; nor by admitting evidence to undermine its authority with the jury. The judgment of January 1791, with all its legal incidents, can only now be affected, by proof of actual payment and satisfaction. As to the principal sum for which the judgment is affirmed (5009?. 5s. If?.), there must be no dispute ; and we can only now consider that part of the defendant’s argument, which insists, that, at least, upon the…
2Cited by1 opinion
- The LESSEE OF WEITZELL v. FrySupreme Court of the United States · 1800