Swanger v. Snyder
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Lebanon county. This was an action of debt by Michael Swanger against Samuel Snyder, to recover the amount due on a promissory note for $200, dated March 17th 1860. There was no difficulty in regard to the plaintiff’s claim in this case ; it was conceded to be valid; the only question arose on the defence.
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Error to tbe Common Pleas of Lebanon county. This was an action of debt by Michael Swanger against Samuel Snyder, to recover the amount due on a promissory note for $200, dated March 17th 1860. There was no difficulty in regard to the plaintiff’s claim in this case ; it was conceded to be valid; the only question arose on the defence. Sarah Walborn had obtained two judgments against "the plaintiff in this suit before a justice of the peace of Dauphin county, and filed transcripts thereof in the prothonotary’s office, and copies of tbe record were brought to Lebanon county, and filed under the…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
Though the Act of Assembly which authorizes transcripts of judgments of justices of the peace to be filed and entered on the dockets of Courts of Common Pleas, declares that no fieri facias shall be issued by any prothonotary, until after a production to him of a certificate of a justice that an execution had been issued to a constable and returned “ no goods” sufficient, it cannot be held that attachment-executions founded on such transferred judgment are void, unless the record shows such a certificate of a fruitless execution. The most…
2Cases cited2 opinions
- Green v. LeymerSupreme Court of Pennsylvania · 1834
- Bank v. DonaldsonSupreme Court of Pennsylvania · 1844
3Cited by6 opinions
- Pennsylvania Co. v. YoungmanSupreme Court of Pennsylvania · 1934
- Mulvihill v. Philadelphia Saving Fund SocietySuperior Court of Pennsylvania · 1934
- Wahl v. PooreSuperior Court of Pennsylvania · 1911
- Bohan v. ReapSuperior Court of Pennsylvania · 1898
- Goodyear Service, Inc. v. MooreSupreme Court of Pennsylvania · 1936
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