Mellon v. Guthrie
Supreme Court of Pennsylvania
Error to Common Pleas of Forest county. Mellon, to the use of Duff, having recovered a judgment in Clarion county against Guthrie and McFadden’s executors in Clarion county, transferred it to Jefferson county, and, — after the erection of Forest county out of a part of Jefferson county, — entered in Forest county a transcript from Jefferson, and proceeded upon it, in Forest county, by sci. fa., obtaining a judgment by default, under which the land of the defendants in Forest…
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Error to Common Pleas of Forest county. Mellon, to the use of Duff, having recovered a judgment in Clarion county against Guthrie and McFadden’s executors in Clarion county, transferred it to Jefferson county, and, — after the erection of Forest county out of a part of Jefferson county, — entered in Forest county a transcript from Jefferson, and proceeded upon it, in Forest county, by sci. fa., obtaining a judgment by default, under which the land of the defendants in Forest county was sold by the sheriff. The defendants entered a rule to show cause why the judgment by default, and the…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The Act of Assembly of April 16th 1840, relative to the. transfer of judgments, is an act to provide additional remedies for the collection of debts in judgment. Its title is “An act relating to executions, and for other purposes,” and all its provisions look to the collection of an existing debt, rather than the creation of new evidence of it. The transfer authorized does not make the judgment a judgment of the court into which the transfer is made: Brandt’s Appeal, 4 Harris 343. It remains a judgment of the court in which it was first…
2Cases cited1 opinion
- Dorrance v. ScottSupreme Court of Pennsylvania · 1838
3Cited by8 opinions
- First National Bank and Tr. Co. v. LaubachSupreme Court of Pennsylvania · 1939
- Collins v. PhillipsSupreme Court of Pennsylvania · 1912
- Nelson v. GuffeySupreme Court of Pennsylvania · 1890
- Williams v. Van KempSupreme Court of Pennsylvania · 1952
- Selden v. JacksonSupreme Court of Pennsylvania · 1961
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