Ulrich v. Voneida
Supreme Court of Pennsylvania
Error to the Common Pleas of Lebanon county. On the 15th February, 1820, a judgment was entered in the Common Pleas of Lebanon county, by virtue of á warrant of attorney, Jacob Voneida v. George Ulrich, for five hundred dollars, and within the period of five years, to wit: to April term, 1825, a scire facias issued to revive that judgment, with notice to Henry Newman, then terre-tenant of the land bound by the original judgment.
Read the full summary
Error to the Common Pleas of Lebanon county. On the 15th February, 1820, a judgment was entered in the Common Pleas of Lebanon county, by virtue of á warrant of attorney, Jacob Voneida v. George Ulrich, for five hundred dollars, and within the period of five years, to wit: to April term, 1825, a scire facias issued to revive that judgment, with notice to Henry Newman, then terre-tenant of the land bound by the original judgment. At August term, 1825, the defendant filed an affidavit of defence and pleaded, payment with leave, ¿ye. The cause was then removed into the Circuit court, from which…
1Opinion of the Court
The opinion of the-court was delivered by
Smith, J.
-His honour, after having fully stated the case, said — ■ The errors assigned, impeach the several decisions of the court of Common Pleas, and present as the principal question for our consideration, this point, whether it is competent for the terre-tenant, in this sciref acias, to object to the original judgment, by showing that it was entered without authority, or fraudulently ?
With regard to 'the parties to that judgment, it is conceded, that nothing which would have been a defence in an action upon the bond, could be pleaded or given in…
2Cases cited2 opinions
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Martin v. RexSupreme Court of Pennsylvania · 1820
3Cited by1 opinion
- George D. Harter Bank v. StrausU.S. Circuit Court for the District of Eastern Pennsylvania · 1909