Patterson v. Patterson
Supreme Court of Pennsylvania
Error to the Common Pleas of Juniata county. Robert Patterson instituted an action of debt on an article of agreement against William H. Patterson, and on the 12th of December, 1858, recovered a judgment for $2427.86. The defendant sued out a Avrit of error, and at the folloAving May Term the judgment was affirmed in this court.
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Error to the Common Pleas of Juniata county. Robert Patterson instituted an action of debt on an article of agreement against William H. Patterson, and on the 12th of December, 1858, recovered a judgment for $2427.86. The defendant sued out a Avrit of error, and at the folloAving May Term the judgment was affirmed in this court. The plaintiff issued an execution returnable to December Term, 1854. The defendant then made application to the court, alleging an agreement between plaintiff and defendant, dated 3d of April, 1849, by which Robert Patterson assigned over to William H. Patterson the…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
The right of a Court of Common Pleas to stay an execution, or to prevent one from issuing on a judgment in said court, has frequently been recognised, and is very common in practice.
Where the order is to stay the execution indefinitely, as it is the final adjudication of one’s right, it is the subject of revision, otherwise the party might be deprived of his judgment, or, what is the same thing, the fruits of it, without remedy.
Whilst the power to stay execution of a judgment is necessary to prevent injustice, it should never be exercised…
2Cited by12 opinions
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- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. ScottSupreme Court of Pennsylvania · 1938
- Cherry v. Empire Mutual InsuranceSupreme Court of Pennsylvania · 1965
- Augustine v. AugustineSupreme Court of Pennsylvania · 1927
- Stofflett v. KressSupreme Court of Pennsylvania · 1941
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