Commonwealth v. Baldwin
Supreme Court of Pennsylvania
FROM the common pleas of Alleghany county. This was an appeal from the decree of the common pleas, appropriating the proceeds of the sale of the real estate of Baldwin. A suit was brought to January term 1810, in the name of “ the Treasurer for the use of the commonwealth of Pennsylvania,” against Baldwin, in debt for 10,201 dollars. “ 5th April 1816, Mr Baldwin confesses judgment, sum to be liquidated by attorneys.” No liquidation was ever made.
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FROM the common pleas of Alleghany county. This was an appeal from the decree of the common pleas, appropriating the proceeds of the sale of the real estate of Baldwin. A suit was brought to January term 1810, in the name of “ the Treasurer for the use of the commonwealth of Pennsylvania,” against Baldwin, in debt for 10,201 dollars. “ 5th April 1816, Mr Baldwin confesses judgment, sum to be liquidated by attorneys.” No liquidation was ever made. When this judgment was entered, the defendant was seised of certain lands, which subsequently, on the 19 th September 1816; he mortgaged to the Bank…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
In a monarchy, the exemption of the sovereign from the operation of statutes in which he is not named, is founded in prerogative; and hence it is supposed, that no such exemption *55can be claimed, for a sovereign constituted of the people in their collective capacity. It is certain, that so much of the prerogative as appertained to the king by virtue of his dignity, is excluded by the nature of our government, which possesses none nf the attributes of royalty; but so much of it as belonged to him in the capacity of parens patriae, or…
2Cases cited10 opinions
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- Commonwealth v. M'GowanCourt of Appeals of Kentucky · 1815
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3Cited by38 opinions
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