Plunkett's Creek Township v. Crawford
Supreme Court of Pennsylvania
Error to the Common Pleas of Sullivan county. This was a scire facias by J. 0. Crawford against Plunkett’s Creek township to revive a judgment which had been entered on a certified record from the Common Pleas of Lycoming county.
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Error to the Common Pleas of Sullivan county. This was a scire facias by J. 0. Crawford against Plunkett’s Creek township to revive a judgment which had been entered on a certified record from the Common Pleas of Lycoming county. The parties agreed upon the following case stated:— “ On the 6th day of April, 1846, the plaintiff in this case, in due course of law, -recovered a judgment against Plunkett’s Creek township, then entirely in Lycoming county, for $380.69, with the costs of suit. On the 15th day of March, 1847, the new county of Sullivan was erected out of Lycoming county by Act of…
1Opinion of the Court
*109Tbe opinion of the court was delivered by
Lowrie, J.
A law made to divide a county ought not to have the effect of cancelling or shifting obligations, if this. can be avoided, for such a result is not involved in its intention. When therefore -this township, was bisected by a new county line, it does not follow that either section was absolved from its debts. This judgment was against the whole township, and when the law made two townships of it, it made two defendants out of one, without affecting the joint liability. Put the same law placed one of the defendants out of the jurisdiction of the…
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