Boyd v. Miller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county. On the 19th of May 1863, Miller obtained a judgment against Boyd and wife, before a justice, for $55.63, on a promissory note signed by both, for the debt of the husband. • Defendants took an appeal in due time, but it was not entered in the Common Pleas. The husband died September 2d 18o4; a transcript was entered in the Common Pleas December 16th 1864, and an execution issued out of the court.
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Error to the Court of Common Pleas of Lancaster county. On the 19th of May 1863, Miller obtained a judgment against Boyd and wife, before a justice, for $55.63, on a promissory note signed by both, for the debt of the husband. • Defendants took an appeal in due time, but it was not entered in the Common Pleas. The husband died September 2d 18o4; a transcript was entered in the Common Pleas December 16th 1864, and an execution issued out of the court. On the 24th of March a rule to open the judgment was discharged, and on the 19th of August 1865, a rule to restrain the plaintiff from levying…
1Opinion of the Court
The opinion was delivered June 1st 1866.
2Per curiam
What is decisive against the appellant is that the Common Pleas had no power to open the judgment of the justice entered in the Common Pleas, on a transcript of the justice only, for the purposes of lien. This very point was decided in Lacock v. White, 7 Harris 495. Her remedy was by appeal from the justice’s judgment, but though an appeal was taken it was not carried up within the statutory period, and so she lost the benefit of it. For all purposes except lien the judgment still remains before the justice, and if it be assailable for the reasons…
3Cited by8 opinions
- Taylor v. Tudor & FreeSuperior Court of Pennsylvania · 1923
- Doerr v. GraybillSuperior Court of Pennsylvania · 1904
- Littster v. LittsterSupreme Court of Pennsylvania · 1892
- McKinney v. BrownSupreme Court of Pennsylvania · 1889
- Bitting v. Walsh, Pennsylvania Court of Common Pleas, Northumberland County1957
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