Mathers's v. Patterson
Supreme Court of Pennsylvania
Error to the Common Pleas of Juniata county.* This was an action of account render by Andrew Parker, executor of James Mathers, deceased, against William H. Patterson, late copartners. Judgment quod computet having been entered, auditors were appointed, who reported a balance in favour of the plaintiff of $183.55. And on the 9th May 1855, the court below, after correcting an error in the calculation of interest of $233.33, entered final judgment for the plaintiff.
Read the full summary
Error to the Common Pleas of Juniata county.* This was an action of account render by Andrew Parker, executor of James Mathers, deceased, against William H. Patterson, late copartners. Judgment quod computet having been entered, auditors were appointed, who reported a balance in favour of the plaintiff of $183.55. And on the 9th May 1855, the court below, after correcting an error in the calculation of interest of $233.33, entered final judgment for the plaintiff. The plaintiff then sued out a writ of error, which was non-prossed by this court, on the ground that no question of law was raised…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
It is exceedingly doubtful whether the court below had any power to send back the report of auditors that they might certify issues of law, after final judgment had been entered thereon, and after that judgment had been removed to this court, and returned undisturbed because no questions of law were raised upon the record. There must be a time when the power of a court to open its judgments, obtained adversely, ceases. In England it ends with the term at which the judgment is signed. True, there is a reason for this which does not exist with…
2Cases cited1 opinion
- Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Dellacasse v. Floyd Exrs.Supreme Court of Pennsylvania · 1938
- Hill v. EganSuperior Court of Pennsylvania · 1896
- Commonwealth v. MacKleySuperior Court of Pennsylvania · 1954
- Commonwealth v. MurphySuperior Court of Pennsylvania · 1911
- Commonwealth v. GrowSuperior Court of Pennsylvania · 1911
1 more not listed; retrieve them via the Exa API.