Bell v. Murphy
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Somerset county. John Bell against Samuel Murphy, bail of Henry Defebaugh. This was a scire facias upon a recognizance. John Bell obtained a judgment before a Justice against Henry Defebaugh, from which he appealed. The cause was tried in court, and a verdict and judgment rendered for the plaintiff. To the scire facias upon the recognizance the defendant pleaded nul tiel record.
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ERROR to the Common Pleas of Somerset county. John Bell against Samuel Murphy, bail of Henry Defebaugh. This was a scire facias upon a recognizance. John Bell obtained a judgment before a Justice against Henry Defebaugh, from which he appealed. The cause was tried in court, and a verdict and judgment rendered for the plaintiff. To the scire facias upon the recognizance the defendant pleaded nul tiel record. The plaintiff gave in evidence the transcript of the Justice filed with the appeal, exhibiting a recognizance of the defendant, Samuel Murphy, in due form. The defendant then produced the…
1Per curiam
The issue was on the existence of a record in the Common Pleas to support the scire facias ; and it is not easy to see what the Justice’s docket, which is no record at all, had to do with it. What was the record of the recognizance in the Common Pleas? The certified transcript from the Justice, which had become matter of record by the filing of it, and of such absolute verity that nothing could be averred against it. Yet it was allowed to be disproved and put down by the Justice’s docket, resting on parol proof, which was declared to be the original record. The Justice’s docket a record of…
2Cited by3 opinions
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1873
- State v. KinneSupreme Court of New Hampshire · 1859
- Okeson v. ShirlockSupreme Court of Pennsylvania · 1845