Helvete v. Rapp
Supreme Court of Pennsylvania
In ERROR. ERROR to the Court of Common Pleas of Beaver County, On a scire facias post annum et diem, in the Court below, the suit of Frederick Rapp against Francis Helvete, to rev*ve a judgment, William Wilkins, a judgment creditor of Francis Helvete, appeared, and pleaded nultiel record: the plaintiff replied, habetur tale recordum; and rule to bring in the record. The record when produced was as follows, 4 Frederick Rappq Francis Helvete.
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In ERROR. ERROR to the Court of Common Pleas of Beaver County, On a scire facias post annum et diem, in the Court below, the suit of Frederick Rapp against Francis Helvete, to rev*ve a judgment, William Wilkins, a judgment creditor of Francis Helvete, appeared, and pleaded nultiel record: the plaintiff replied, habetur tale recordum; and rule to bring in the record. The record when produced was as follows, 4 Frederick Rappq Francis Helvete. Penalty - $ 5450 00 Real debt - ■ 2725 38 Plaintiff files of record a judgment bond, under the hand and.seal of defendant for the sum of 5450 dollars,…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
The evident and sole intention of the Legislature in conferring the power of entering a judgment on the judgment bond without the intervention of an attorney was, to exempt the obligor from the payment of costs to an attorney. This Act was passed on 24th February, 1806. It provided that the Prothonotary of any Court of record, on the application of the original holder, or his assignee of a note, bond, or other instrument on which judgment is confessed, or containing a wariant for any attorney, to confess a judgment, shall enter judgment…
2Cited by3 opinions
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- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Rabe v. HeslipSupreme Court of Pennsylvania · 1846