Hussey v. White
Supreme Court of Pennsylvania
By the bill of exceptions which accompanied this writ of error to the Court of Common Pleas of Franklin county, it appeared, that this was an action of debt brought by Jlsahel Hussey, the plaintiff, against John White, and Charles White, defendants, on a former judgment recovered in that court by the same plaintiffs against the same defendants, as executors of Samuel White, deceased.
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By the bill of exceptions which accompanied this writ of error to the Court of Common Pleas of Franklin county, it appeared, that this was an action of debt brought by Jlsahel Hussey, the plaintiff, against John White, and Charles White, defendants, on a former judgment recovered in that court by the same plaintiffs against the same defendants, as executors of Samuel White, deceased. The suit on which the former judgment was recovered, was an amicable action of debt, in which, by consent, judgment was enter for the plaintiffs, for 334 dollars 74 cents, de bonis. A ft. fa. was issued thereon,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
The question at the trial was, whether a confession of judgment de bonis entered in an amicable action against executors, is an admission of assets and conclusive in an action of debt on the judgment suggesting a devastavit; and the court was of opinion that it was not. By the English common law a judgment in this form is conclusive in all cases : but in this state it is certain that such judgments have been confessed from time immemorial \yhere the object was to subject the assets to execution without subjecting the executor to personal…
2Cited by3 opinions
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