Maher's Appeal
Supreme Court of Pennsylvania
Appeal from a decree of the Common Pleas, No. 4, of Philadelphia County refusing to grant an injunction to restrain the execution of a judgment. This was a bill in equity and motion for injunction to restrain execution, and open judgment at law, and let defendant into a defense, filed by John Maher against E. Gove and the sheriff of Philadelphia, George DeB. Keim.
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Appeal from a decree of the Common Pleas, No. 4, of Philadelphia County refusing to grant an injunction to restrain the execution of a judgment. This was a bill in equity and motion for injunction to restrain execution, and open judgment at law, and let defendant into a defense, filed by John Maher against E. Gove and the sheriff of Philadelphia, George DeB. Keim. The facts were as follows : Gove sued Maher upon a note, which Maher alleged had been given to one Walton for a particular purpose, and passed fraudulently to Gove by Walton as security for an antecedent indebtedness. A verdict was…
1Opinion of the Court
Per Curiam :
The appellant had his day in court in the judgment which he now seeks to attack the validity of on this bill in equity. If he omitted to make his proper defense there, through negligence or lack of prompt diligence, he cannot make it in this proceeding.
A judgment between the same parties on the same subject-matter must be deemed to be the end of that contention. It should not be renewed for anything shown here.
Decree affirmed and appeal dismissed, at the costs of the appellant.
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