Burns v. Thornburgh
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Alleghany county. In an action of trespass vi et armis, George Th.ornburgh, on the 22d of December 1829, obtained judgment in the court below, upon an award of arbitrators, for 30 dollars damages, against Alexander, Henry and John Burns, the plaintiffs in error.
Read the full summary
WRIT of error to the court of common pleas of Alleghany county. In an action of trespass vi et armis, George Th.ornburgh, on the 22d of December 1829, obtained judgment in the court below, upon an award of arbitrators, for 30 dollars damages, against Alexander, Henry and John Burns, the plaintiffs in error. On the 30th of December 1829,20 dollars of this judgment were assigned to George Watson and Walter Forward, attorneys for Thornburgh; and, on the 31st the balance, together with the plaintiff’s bill, were assigned by Thorn-burgh to Robert Cain. Before a justice of the peace, M’Cleliand had…
1Per curiam
The revocation of the order to defalcate, is but equivalent to a refusal to defalcate in the first instance, which is not the subject of a writ of error. The power to set one judgment against another, is an inherent one, and' the only equitable power *79which the common law courts originally possessed. Not being conferred by the statute, it is not a legal power, nor its exercise demand-able of right; and being discretionary, the propriety of its exercise cannot be questioned here, where we are incompetent to judge of the circumstances.
Writ quashed.
2Cited by7 opinions
- Ex parte LehmanSupreme Court of Alabama · 1877
- Herman v. MillerSupreme Court of Kansas · 1876
- Leitz v. HohmanSupreme Court of Pennsylvania · 1904
- Hays v. ShannonSupreme Court of Pennsylvania · 1836
- Proie Bros. v. ProieDistrict Court, W.D. Pennsylvania · 1971
2 more not listed; retrieve them via the Exa API.