Shulze's Appeal
Supreme Court of Pennsylvania
Tins'.was an appeal from a decree of the Common Pleas of Lycoming county, distributing the proceeds of the sale of the real estate of J. A. Shulze, in which Augustus ^E.'Shulze was the appellant and George Tormbe and others were the appellees.
Read the full summary
Tins'.was an appeal from a decree of the Common Pleas of Lycoming county, distributing the proceeds of the sale of the real estate of J. A. Shulze, in which Augustus ^E.'Shulze was the appellant and George Tormbe and others were the appellees. J. A. Shulze, being much indebted, and judgment to a considerable amount having been alrea4y obtained against him, on the 25th April, 1844, confessed a judgment, No. 312, April term, 1844, to his son, the appellant, for |8119 07. On the 27th of the- same month, George Tormbe obtained a judgment. On the same day F. C. Campbell. On the 29th, Abraham.…
1Opinion of the Court
The opinion of this court was delivered by
Gibson, C. J.
' That the record of a judgment can. affect only parties and privies, and that no one shall have advantage 'from it who would not have been prejudiced by it, are principles with which every lawyer is supposed to be familiar. On what principle, then, did the inactive creditors think to gain an advantage from the successful activity of Lawshe, who alone contested the fairness of Shulze’s judgment and undertook to prove it collusive ? Had the jury found it to be fair, the verdict would not have bound the other creditors; and Shulze would…
2Cases cited1 opinion
- Whiting v. JohnsonSupreme Court of Pennsylvania · 1824
3Cited by5 opinions
- Hossler Ex Rel. Dows v. BarrySupreme Judicial Court of Maine · 1979
- Provident Tradesmens Bank And Trust Company v. Lumbermens Mutual Casualty CompanyCourt of Appeals for the Third Circuit · 1969
- Renschler v. PizanoSupreme Court of Pennsylvania · 1938
- Provident Tradesmens Bank v. Lumbermens Mutual Casualty Co.Court of Appeals for the Third Circuit · 1969
- Zook v. Shirk, Pennsylvania Court of Common Pleas, Lancaster County1929