Neff v. Barr
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Lancaster county, in a feigned issue directed by that court to try the validity of a" judgment, in which Mraharn Barr, Christian Barr, and .Michael Withers were plaintiffs, and Joseph Withers and Chey-ney Pelin defendants. was plaintiff in the issue, and John Neff and Francis Kendig defendants.
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IN ERROR. Writ of error to the Court of Common Pleas of Lancaster county, in a feigned issue directed by that court to try the validity of a" judgment, in which Mraharn Barr, Christian Barr, and .Michael Withers were plaintiffs, and Joseph Withers and Chey-ney Pelin defendants. was plaintiff in the issue, and John Neff and Francis Kendig defendants. The circumstances which gave rise to it were as follows: Joseph Withers and Cheyney Pelin gave their bond to Mra-ham Barr, Christian Barr, and Michael Withers in the penalty of three thousand dollars, conditioned for the payment of fifteen hundred…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The natural order of considering the errors specified in the record, is, first.to take up the question on the power of the court to direct the issue. There is no exception to the opinion of the court on the trial of .the cause, and the record shows that Neff and Kendig put in their plea to this declaration, and went to trial on that issue. That the judgment in York county, if first entered, would merge the specialty debt, we have no doubt. The power to confess a judgment, or judgments, was satisfied by the entry of the first judgment. That…
2Cases cited2 opinions
- Martin v. RexSupreme Court of Pennsylvania · 1820
- Share v. BeckerSupreme Court of Pennsylvania · 1822
3Cited by2 opinions
- Baker v. WilliamsonSupreme Court of Pennsylvania · 1845
- Campbell v. KentSupreme Court of Pennsylvania · 1831