Felton v. Weyman
Supreme Court of Pennsylvania
In error from the Common Pleas of Philadelphia. Tel. 8. The question was, whether, after a discontinuance of an appeal, by plaintiff, from a judgment of a justice, he could maintain an action on the judgment? Parsons, J., decided the action would lie.
1Opinion of the CourtBurnside, J.
The plaintiff below obtained a judgment, before an alderman, December 2, 1839, for $60. The defendant, who is the present plaintiff in error, paid the debt to the alderman; but, within the twenty days, the plaintiff took an appeal, which was regularly filed. The. defendants then received back the amount they had paid the alderman. After the filing of the declaration, nothing was done in the cause until May, 1846, when plaintiff discontinued his appeal, took a certificate thereof to the alderman, and issued a scire facias to revive, on which he recovered a judgment for the debt, and $23…
2Cited by2 opinions
- Housing Authority of Beaver County v. Alberts (In Re Alberts)United States Bankruptcy Court, W.D. Pennsylvania · 2008
- Belber v. BelberSuperior Court of Pennsylvania · 1898