Polhemus's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Orawford county. This was an appeal by James S. Polhemus, from the decree of the court below distributing the proceeds of a sheriff’s sale of the real estate of R. R. McMillen. C. Courtright was the holder of two judgment-notes, one of the firm of McMillen & McTier for $52.98, the other of R. R. McMillen for $362.25. On the 1st December 1856, after the hour of 11 p.
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Appeal from the Common Pleas of Orawford county. This was an appeal by James S. Polhemus, from the decree of the court below distributing the proceeds of a sheriff’s sale of the real estate of R. R. McMillen. C. Courtright was the holder of two judgment-notes, one of the firm of McMillen & McTier for $52.98, the other of R. R. McMillen for $362.25. On the 1st December 1856, after the hour of 11 p. M., he sent these notes to the prothonotary, at his residence, and requested that they should be filed. The prothonotary received them, marked them filed as of that date, and the next morning so…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
An ingenious argument was made to prove to us that the judgment docket, which prothonotaries are required to keep, is no part of the rolls which constitute the record of the court, and therefore not within the rule that forbids any averment to be made against a record. It is insisted, that the judgment-docket is a record in no other sense than the mortgage books in the recorder’s office — that both are kept for the same purpose, to give notice of liens only.
It is not necessary for us to decide how sound this argument is, *329for if the…
2Cited by3 opinions
- Home Savings Fund v. KingSuperior Court of Pennsylvania · 1934
- Keller v. Flinchbaugh, Pennsylvania Court of Common Pleas, York County1966
- Taylor Township Election, Pennsylvania Court of Common Pleas, Fulton County1951