Reed v. Garvins's executors
Supreme Court of Pennsylvania
-In Error, \ ERROR to the Court of Common Pleas of Adams ___. . COUnty* . J , . . -r% ■ , This action was brought by the plaintiff/C. Jxeedj on a b°nd in which William Garvin, deceased, was bound jointly with Philip Stentz, who was still living. The defen-' dants pleaded in bar that judgment had been obtained' on the bond against both obligors in the life time óf William Garvin, which judgment was in full force, &c.
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-In Error, \ ERROR to the Court of Common Pleas of Adams ___. . COUnty* . J , . . -r% ■ , This action was brought by the plaintiff/C. Jxeedj on a b°nd in which William Garvin, deceased, was bound jointly with Philip Stentz, who was still living. The defen-' dants pleaded in bar that judgment had been obtained' on the bond against both obligors in the life time óf William Garvin, which judgment was in full force, &c. The plaintiff replied J 1 r nul tiel record, and on this the parties were at issue in the • Court below. It appeared by the record produced by the defendants in support of their…
1Opinion of the Court
Tilghman C. J.
It is evident, that this record made good the defendants’ plea. For by the Act of Assembly, the report of the arbitrators had the effect of a judgment,, until reversed. Indeed, as to one of the obligors, against whom the report operated as a judgment, there was not in fact any appeal, because he came into Court-and disavowed it. When an obligee has brought a joint action and proceeded to judgment, he never can have another action on the bond, because it is merged in the judgment. I am of opi. nion therefore, that the judgment of the Court of Common Pleas should be affirmed. Here…
2Cases cited3 opinions
- Lang v. KeppeleSupreme Court of Pennsylvania · 1804
- New York & Greenwood Lake Railroad v. StateSupreme Court of New Jersey · 1888
- Gallagher v. JacksonSupreme Court of Pennsylvania · 1815
3Cited by4 opinions
- United States v. PriceSupreme Court of the United States · 1850
- Kennedy v. CarpenterSupreme Court of Pennsylvania · 1837
- Souter v. BaymoreSupreme Court of Pennsylvania · 1847
- Walter v. GinrichSupreme Court of Pennsylvania · 1834