Felt & Co. ex rel. Gifford v. Cook & Hackett
Supreme Court of Pennsylvania
Error to and appeal from the Court of Common Pleas of Cameron county: Of May Term 1880, Nos. 139, 140. On November 19th 1873, L. G. Cook recovered a judgment against J. P. Felt and S. S. Hackett, who were partners. The action was in tort and the amount of the judgment was $206.50. Execution was issued thereon, which the court stayed because of pending proceedings in bankruptcy against said defendants.
Read the full summary
Error to and appeal from the Court of Common Pleas of Cameron county: Of May Term 1880, Nos. 139, 140. On November 19th 1873, L. G. Cook recovered a judgment against J. P. Felt and S. S. Hackett, who were partners. The action was in tort and the amount of the judgment was $206.50. Execution was issued thereon, which the court stayed because of pending proceedings in bankruptcy against said defendants. On November 30th 1873, J. P. Felt and S. S. Hackett, trading as Felt & Co., recovered a verdict against L. G. Cook, and S. S. Hackett, trading as Cpok & Hackett, for the sum of $200.29. On the…
1Opinion of the CourtJustice Green
This was an application to the court below to direct a judgment to be marked satisfied. The application was necessarily made under the Act of 14th March 1876, because the power of the court to make such an order without the verdict of a jury, and where satisfaction has not been obtained by execution process, exists only by force of that statute. It had been decided by this court that even upon allegation and proof of payment of a judgment, the court had no power to strike it off or direct it to be marked satisfied, and that the only remedy of the defendant in such a case was to apply for an…
2Cited by17 opinions
- Commonwealth v. DillworthSupreme Court of Pennsylvania · 1968
- Devers v. Scranton CitySupreme Court of Pennsylvania · 1932
- Gordon, SEC. of Bk. v. BiesingerSupreme Court of Pennsylvania · 1938
- Atkinson v. HarrisonSupreme Court of Pennsylvania · 1893
- Knoller v. Everett Realty Co.Superior Court of Pennsylvania · 1916
12 more not listed; retrieve them via the Exa API.