Horton & Heil v. Miller
Supreme Court of Pennsylvania
Error, to the Common Pleas of Schuylkill county. This was a writ of error, sued out by John Horton and Henry Heil, to reverse the decree of the court below, discharging a rule which had been granted on their motion to show why a certain judgment held by John Miller, Jr., against John Horton and Henry Heil should not be defalked from a judgment of Roger H. F. Horton against John Miller, Jr., part of which John Horton claimed as assignee.
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Error, to the Common Pleas of Schuylkill county. This was a writ of error, sued out by John Horton and Henry Heil, to reverse the decree of the court below, discharging a rule which had been granted on their motion to show why a certain judgment held by John Miller, Jr., against John Horton and Henry Heil should not be defalked from a judgment of Roger H. F. Horton against John Miller, Jr., part of which John Horton claimed as assignee. The case was this: — John Miller, Jr., brought suit November 25th 1858, to No. 642, December Term 1858, against Horton and Heil, upon an insolvent bond, given…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
This case was brought up on writ of error, but as the merits of the question desired to be tested could not be reached in that form, it was turned into an appeal. It was an application to the equitable powers of the court below to set off a judgment held by John Horton against a judgment which had been obtained by Miller against him and Heil. A writ of error in such a case would only bring up the judgment in which error was alleged, but not the petition on which the application was founded nor the testimony ; it was therefore necessary and…
2Cases cited2 opinions
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Filbert v. HawkSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Aber's PetitionSuperior Court of Pennsylvania · 1901
- Leitz v. HohmanSupreme Court of Pennsylvania · 1904
- Skinner v. ChaseSuperior Court of Pennsylvania · 1898