Legal Opinion

Ely v. Karmany

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 7 opinions

Appeal from the decree of the Common Pleas of Lebanon county. Appeal by John Ely from the judgment of the Common Pleas of Lebanon county, directing the entry of a judgment to be stricken from the record. Henry G. Clark gave a note, as follows:— $2030.69. Mt.

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Appeal from the decree of the Common Pleas of Lebanon county. Appeal by John Ely from the judgment of the Common Pleas of Lebanon county, directing the entry of a judgment to be stricken from the record. Henry G. Clark gave a note, as follows:— $2030.69. Mt. Joy Tp., Lancaster Co., Dec. 20, 1851. One day after date, for value received, I promise to pay John Ely, or bearer, two thousand thirty dollars and sixty-nine cents, with interest, without defalcation, and I do hereby confess judgment on the above sum with costs of suit, a release of all errors, and stay of execution until the day of…

1Opinion of the Court

The opinion of the Court was delivered by

Lewis, J.

The instrument on which the judgments were entered is, in construction of law, a power given to the prothonotary. He has no better right than an attorney-at-law to enter two judgments under a single warrant. The entry of the first judgment exhausts the power, and in this case the Court committed' no error in vacating the second.

Judgment affirmed.

2Cited by7 opinions

  1. Smith v. Safeguard Mutual InsuranceSuperior Court of Pennsylvania · 1968
  2. Philadelphia v. JohnsonSuperior Court of Pennsylvania · 1903
  3. Kummerle v. CainSuperior Court of Pennsylvania · 1923
  4. Union Bk. of Nanty-Glo v. SchnabelSupreme Court of Pennsylvania · 1927
  5. Thomas v. Security-Peoples Bank & Trust Co.District Court, W.D. Pennsylvania · 1984

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