Campbell v. Sloan
Supreme Court of Pennsylvania
October 26th and 27th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Armstrong county: No. 31 of October and November Term 1869. In the court below a judgment was entered April 23d 1866, in favor of J. H. Sloan against Hugh Campbell and Charles Bonner, on bond with warrant of attorney, dated April 3d 1866, conditioned for the payment of $2000 in one year.
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October 26th and 27th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Armstrong county: No. 31 of October and November Term 1869. In the court below a judgment was entered April 23d 1866, in favor of J. H. Sloan against Hugh Campbell and Charles Bonner, on bond with warrant of attorney, dated April 3d 1866, conditioned for the payment of $2000 in one year. On the “ 23d of October 1867, on motion of J. Y. Painter, attorney for sureties and junior judgment-creditors of Hugh Campbell, rule granted to show cause why the above-stated…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
Under no circumstances could junior judgment-creditors have any standing in court in their own names to open a judgment against their debtor and be let into a defence on the merits. They could attack it collaterally for fraud or .for some matter arising subsequently to the entry of it as payment or a release, which would show that it was. kept on foot in fraud of them, and that only by an issue to try the question. We are bound, however, to presume all things to have been rightly done in the court below unless the contrary manifestly…
2Cases cited5 opinions
- Bridge v.HubbardMassachusetts Supreme Judicial Court · 1818
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Tuthill v. DavisNew York Supreme Court · 1822
- Campbell v. McHargSupreme Court of Iowa · 1859
- Botsford v. SanfordSupreme Court of Connecticut · 1817
3Cited by12 opinions
- Moll v. LaffertySupreme Court of Pennsylvania · 1930
- Adams v. AshmanSupreme Court of Pennsylvania · 1902
- Thompson v. PrettymanSupreme Court of Pennsylvania · 1911
- Marr v. MarrSupreme Court of Pennsylvania · 1885
- Samuel Cupples Wooden Ware Co. v. HoweSupreme Court of Pennsylvania · 1894
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