Mehaffy's Appeal
Supreme Court of Pennsylvania
APPEAL from the decree of the Common Pleas of Lancaster county. On the 27th November 1830, John Mehaffy obtained a judgment against John Harman for $700, with interest from the 1st April 1831. On the 7th December 1835, this judgment was revived by the agreement of the parties for $700, with interest from the 27th November 1832. On the 5th December 1840, the judgment was again revived by the agreement of the parties, and in the appearance docket the entries of these revivals…
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APPEAL from the decree of the Common Pleas of Lancaster county. On the 27th November 1830, John Mehaffy obtained a judgment against John Harman for $700, with interest from the 1st April 1831. On the 7th December 1835, this judgment was revived by the agreement of the parties for $700, with interest from the 27th November 1832. On the 5th December 1840, the judgment was again revived by the agreement of the parties, and in the appearance docket the entries of these revivals were regularly made; but in the lien or judgment docket the entry was thus:— Defendant, I Plaintiff, I When entered, I…
1Per curiam
It is unnecessary to go into a particular examination of the question here, as the court below put it on the right ground. The words of the statute do not extend to the case before us; and if they did, we would not hold it to be within the intention. But in adopting the conclusions of the Judge we do not adopt all his positions. The Legislature cannot arbitrarily take an estate from one man and give it to another. On the contrary, the exercise of such a power is expressly forbidden by the 9th section of the Declaration of Rights, which provides that the citizen shall not “ be deprived of his…
2Cited by5 opinions
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- Mellon's AppealSupreme Court of Pennsylvania · 1879
- Citizens National Bank & Trust Co. v. First National Bank, Pennsylvania Court of Common Pleas, Carbon County1933
- Fehr v. Worden, Pennsylvania Court of Common Pleas, Dauphin County1933