Fisher v. Knox
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was an action on the case by Fisher vs. Knox for money had and. received by the defendant as the attorney of the plaintff, not exceeding $800. Richard Corzatt executed a bond dated on 21st April, 1842, in favor of Small, conditioned for the payment of one hundred and twenty dollars on the first day of April next, viz: 1843. It contained an -authority to. confess judgment.
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Error to the Common Pleas of Dauphin county. This was an action on the case by Fisher vs. Knox for money had and. received by the defendant as the attorney of the plaintff, not exceeding $800. Richard Corzatt executed a bond dated on 21st April, 1842, in favor of Small, conditioned for the payment of one hundred and twenty dollars on the first day of April next, viz: 1843. It contained an -authority to. confess judgment. Judgment was entered thereon in favor of Small vs. Oorzatt in the Court of Common Pleas of Tioga county to June term, 1842, No. 91, entered April 25, 1842. The bond being in…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
As the defendant is but a stakeholder as to a moiety of the judgment in contest, the question is whether the prior assignee of that moiety has forfeited his title to it; and it is very clear that he has. The maxim prior in tempore potior in jure holds* it is true, wherever it has not been inverted by. enactment, as it has been by the recording laws so far as regards conveyances of land, or where the benefit of it has not been lost by misconduct or imprudence; but it must not ’be allowed to (protect a party who has neglected a requisite…
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