Bannan v. Rathbone
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Tioga County. In this case a judgment was obtained by Clarendon Bath-bone, the defendant in error, against-Patrick Bannan, the plaintiff in-error, on the 5th day of Nov: A.D. 1849, before Francis Welch, Esq., a justice of the peace of the county, for the sum of $32 25; and a transcript of the same was entered in the Common Pleas of said county, on the 9th of the same month.
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Error to the Court of Common Pleas of Tioga County. In this case a judgment was obtained by Clarendon Bath-bone, the defendant in error, against-Patrick Bannan, the plaintiff in-error, on the 5th day of Nov: A.D. 1849, before Francis Welch, Esq., a justice of the peace of the county, for the sum of $32 25; and a transcript of the same was entered in the Common Pleas of said county, on the 9th of the same month. On the 26th of April, 1854, another transcript of the same judgment was filed in the same court. Nothing further was done in the suit (except that an execution was issued by the…
1Opinion of the Court
The opinion of the court was delivered
by Porter, J.
The entry of judgment on the last transcript and the process which it supported were irregular. When the record of a magistrate has supplied one transcript for a lien, and by its entry a lien has been obtained, the magistrate’s record has spent its force in that direction. If a duplicate transcript could be filed, every day in the year might bring a new entry of judgment, and the defendant be rendered liable for the costs of each entry and its process. The principle which prevents a plaintiff from having separate and distinct judgments at the…
2Cases cited1 opinion
- Arnold v. GorrSupreme Court of Pennsylvania · 1829
3Cited by2 opinions
- Sherrard's Executors v. JohnstonSupreme Court of Pennsylvania · 1899
- Axel v. KraemerSupreme Court of New Jersey · 1908