McDonald v. Simcox
Supreme Court of Pennsylvania
October 20th 1881. Before Sharswood, C. J"., Mercuh, Gordon, Paxson, Sterrett and Green, JJ. Trunkey, J., absent. Error to the Court of Common Pleas of Vena/ngo county : Of October and November Term 1881/ No. 226. Trover, by A. D. McDonald, Henry Stewart and A. D. McDowell, “surviving partners of E. G..Pluiner, in the Stewart & Plumer Oil Well, situate,” &e., against S. Simcox, H. O. Zeigler and Porter Phipps, to recover the value of certain machinery and oil-well fixtures.
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October 20th 1881. Before Sharswood, C. J"., Mercuh, Gordon, Paxson, Sterrett and Green, JJ. Trunkey, J., absent. Error to the Court of Common Pleas of Vena/ngo county : Of October and November Term 1881/ No. 226. Trover, by A. D. McDonald, Henry Stewart and A. D. McDowell, “surviving partners of E. G..Pluiner, in the Stewart & Plumer Oil Well, situate,” &e., against S. Simcox, H. O. Zeigler and Porter Phipps, to recover the value of certain machinery and oil-well fixtures. On the trial, before Taylor, P. J., the plaintiffs proved the title of the firm of Stewart & Co., to the goods prior to…
1Opinion of the CourtJustice Mercur
*623This was an action of trover to recover for chattels for- ' merly the property of the plaintiffs, sold by a constable on an execution. It issued on a judgment recovered against them or some of them in favor of one King. He bought the property, and afterwards sold it to the defendants. The plaintiffs now question the effect of that judgment, and attack its validity.
It is settled law that the regularity of a judgment of a court having jurisdiction of the subject matter cannot be questioned in a collateral proceeding. Although a judgment recovered before a justice of the peace be irregular, yet…
2Cases cited3 opinions
- Hauer's AppealSupreme Court of Pennsylvania · 1843
- Tarbox v. HaysSupreme Court of Pennsylvania · 1837
- Commonwealth ex rel. Hall v. CookSupreme Court of Pennsylvania · 1832
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- Browarsky's EstateSupreme Court of Pennsylvania · 1916
- Justice v. MeekerSuperior Court of Pennsylvania · 1906
- Shelansky v. A. Weinfeld & SonSuperior Court of Pennsylvania · 1923
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