Gaullagher v. Caldwell
Supreme Court of Pennsylvania
Error to the Common Pleas of Armstrong county. This was a scire facias issued in Armstrong county, in the name of John Gaullagher, for the use of John and James Power, now for the use of Andrew Porter Wilson, v. Thomas Caldwell, who survived James Caldwell, to revive a judgment.
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Error to the Common Pleas of Armstrong county. This was a scire facias issued in Armstrong county, in the name of John Gaullagher, for the use of John and James Power, now for the use of Andrew Porter Wilson, v. Thomas Caldwell, who survived James Caldwell, to revive a judgment. The original judgment was entered in Huntingdon county, on 26th December, 1882, for $363, interest from 14th August, 1831. Revived 11th January, 1847, for $480.79, by scire facias and two returns of Nihil. Revived 21st September, 1841, by the attorneys of the parties, for $612.21. James Caldwell died in 1847, and the…
1Opinion of the Court
The opinion of the Court was delivered hy
Black, C. J.
This was a scire facias to revive a judgment for $918.11, with interest from 19th November, 1849. The defendant below produced a release dated in 1852, from the legal plaintiff of the whole judgment, for the consideration of $150. It was replied to this, that the release was no defence, because the plaintiff and relessor had assigned the debt to a third person in 1841, though it was admitted, that the defendant, when he got the release, had no notice of the assignment.
Courts of law, as well as Courts of equity, will protect an assignee of a…
2Cases cited2 opinions
- Welch v. MandevilleSupreme Court of the United States · 1816
- Comstock v. FarnumMassachusetts Supreme Judicial Court · 1806
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- Walker v. EmerichSupreme Court of Pennsylvania · 1930
- Work v. PrallSuperior Court of Pennsylvania · 1904
- Florence v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
- Snyder v. Southwestern National BankSupreme Court of Pennsylvania · 1928
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