Brandt's Appeal
Supreme Court of Pennsylvania
Appeal by Samuel Brandt and Gharles Beltzhoover, from the decree of the Court of Common Pleas of Cumberland county, appropriating the proceeds of sale of the real estate of Michael Mishler.
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Appeal by Samuel Brandt and Gharles Beltzhoover, from the decree of the Court of Common Pleas of Cumberland county, appropriating the proceeds of sale of the real estate of Michael Mishler. The appellants claimed the amount of a judgment, Frederick Baugher for their use vs. Michael Mishler, obtained to No. 107, April term 1849, in the Common Pleas of York county, a transcript of which was filed in the Common Pleas of Cumberland county, on the 16th of April 1849, in pursuance of the act of 16th April 1840. The facts in relation to the judgment in York are these : — Suit was brought to No. 38,…
1Opinion of the Court
The opinion of the court was delivered June 18, by
Gibson, C. J.
Is the transcript of a judgment itself a judgment, or a dependent emanation from one ? By the act of 1840, a judgment of a county court may be transferred to the court of any other county by filing a certified copy of the whole record — not a transcript of the judgment merely — and it is provided that it shall have, “ as to lien, revival, execution, and so forth, the same force and effect as if the judgment had been entered in the same court to which it may thus be transferred.” It is not then a very judgment of that court, but a…
2Cited by6 opinions
- First National Bank and Tr. Co. v. LaubachSupreme Court of Pennsylvania · 1939
- Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
- Williams v. Van KempSupreme Court of Pennsylvania · 1952
- Hollinger v. Breigner, Pennsylvania Court of Common Pleas, Lancaster County1926
- Lackawanna Thrift & Loan Corp. v. Dunn, Pennsylvania Court of Common Pleas, Lackawanna County1948
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