Barnett v. Reed
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Armstrong county. This was an action on tbe case, by Samuel M. Reed against John Barnett, for maliciously issuing execution on a judgment against tbe plaintiff, known by defendant to have been paid, and causing tbe sale of the plaintiff’s goods.
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Error to tbe Court of Common Pleas of Armstrong county. This was an action on tbe case, by Samuel M. Reed against John Barnett, for maliciously issuing execution on a judgment against tbe plaintiff, known by defendant to have been paid, and causing tbe sale of the plaintiff’s goods. On 5th of August 1850, David Reed, and Samuel M. Reed the plaintiff, made a note to Hugh Campbell, payable in sixty days, for $1250, Avhich was endorsed by Campbell and Barnett the defendant, and discounted at the Kittanning Bank, upon a warrant of attorney, executed by the drawers and endorsers, to enter judgment…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
If the judgment against Beed, the plaintiff below, *194and the execution thereon sued out against him by the defendant were not void, case, rather than trespass, was manifestly the proper remedy. Then the wrong of which the plaintiff complained was the malicious abuse of legal process, for which an action on the case lies. And surely it cannot be maintained that the judgment and execution were nullities because the debt was paid before the judgment was entered. Had it been paid after the rendition of the judgment, there would be more reason for…
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