Merchants' Insurance v. De Wolf
Supreme Court of Pennsylvania
Error, to the District Court of Philadelphia. This was an action of debt by John S. De Wolf and James R. De Wolf, trading as J. S. De Wolf & Co. against The Merchants’ Insurance Company, on a judgment obtained by the plaintiffs against the defendants, in the Superior Court of the city of New York, on the 14th June 1858, for $6021 and costs.
Read the full summary
Error, to the District Court of Philadelphia. This was an action of debt by John S. De Wolf and James R. De Wolf, trading as J. S. De Wolf & Co. against The Merchants’ Insurance Company, on a judgment obtained by the plaintiffs against the defendants, in the Superior Court of the city of New York, on the 14th June 1858, for $6021 and costs. To a declaration on this judgment the defendants pleaded, inter alia, — “ That after the entry of the said supposed judgment in the said declaration mentioned, and prior to the institution of this present suit, to wit, on the ninth day of July, in the year…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The forms of the obsolete English action of *46debt on a judgment in the same court, can hardly be deemed binding in such a case as this: 7 Vin. Ab. 351; 20 Id. 67. The main purpose of that action was to revive a judgment after a year and a day, Holt 196; and its place is now supplied by the process of scire facias. Indeed, the action of debt on such a judgment, though in form an original action on a new original writ, came to be treated as a mere supplement to the former record and dependent on it; for by a reversal of the first judgment,…
2Cited by8 opinions
- Indemnity Ins. Co. of North America v. SmootCourt of Appeals for the D.C. Circuit · 1945
- Stewart v. StewartSuperior Court of Pennsylvania · 1937
- German Trust Co. v. PlotkeSupreme Court of Pennsylvania · 1922
- Morrissey v. MorrisseySupreme Court of Pennsylvania · 1998
- Cushman v. Douville, Pennsylvania Court of Common Pleas, Erie County1934
3 more not listed; retrieve them via the Exa API.