Gilboy v. Duryea Borough
Supreme Court of Pennsylvania
Appeal, No. 29, Jan. T., 1910, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1900, No. 1,029, on verdict for plaintiff in case of J. B. Gilboy, Administrator of the Estate of M. F. Corcoran, deceased, v. Duryea Borough. Issue to determine the validity of a judgment.
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Appeal, No. 29, Jan. T., 1910, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1900, No. 1,029, on verdict for plaintiff in case of J. B. Gilboy, Administrator of the Estate of M. F. Corcoran, deceased, v. Duryea Borough. Issue to determine the validity of a judgment. Before Ferris, J. At the trial defendant made the following offer: I propose to prove by the witness on the stand that he was attorney for Paul Urban, treasurer of Marcy township, in the year 1898, and that the sum of $3,000, license money to which the township was entitled that year, was paid by the treasurer of…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
If the learned trial judge had properly applied the rule announced in his charge, viz.: that a judgment of a court of competent jurisdiction cannot, in the absence of fraud or collusion, be attacked in a collateral proceeding, or if counsel had directed his attention to the reported decisions of his own and the appellate courts of the state, the error complained of would not have been committed and there would have been no occasion for this appeal.
M. F. Corcoran, plaintiff’s intestate, obtained seven judgments against Marcy township, Luzerne county, before a…
2Cases cited6 opinions
- Raleigh's EstateSupreme Court of Pennsylvania · 1903
- McDonald v. SimcoxSupreme Court of Pennsylvania · 1881
- Lehigh Coal & Navigation Company's AppealSupreme Court of Pennsylvania · 1886
- Billings v. RussellSupreme Court of Pennsylvania · 1854
- Plains Township's AppealSuperior Court of Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pittsburgh & Lake Erie R. R. v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1926
- Butcher v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1940