Hazelett v. Ford
Supreme Court of Pennsylvania
ERROR to the common pleas of Tioga county. Samuel Hazelett against C. H. L. Ford, Hiram Bebee, and Lewis Mead. This was an action of trespass which originated before a justice of the peace, and was brought into the common pleas by appeal. The cause of action was for taking and selling the plaintiff’s horse upon an execution against Amsey Hammond.
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ERROR to the common pleas of Tioga county. Samuel Hazelett against C. H. L. Ford, Hiram Bebee, and Lewis Mead. This was an action of trespass which originated before a justice of the peace, and was brought into the common pleas by appeal. The cause of action was for taking and selling the plaintiff’s horse upon an execution against Amsey Hammond. To maintain their defence, the defendants offered in evidence the judgment on the docket of a justice of the peace, in favour of Hiram Bebee and' others against Amsey Hammond, together with the execution issued thereon, upon which the horse was sold…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
That a judgment shall not be reversed in a collateral proceeding for any thing but collusion, is a principle, which perhaps, has not án exception; nor, standing on the public records, shall it be deemed a nullity, provided, the magistrate had jurisdiction of the matter adjudicated. Thus, it was held in Martin v. Rex, 6 Serg. & Rawle 296, that a second judgment on a warrant of attorney, which had been exhausted by the entry of a judgment on it in another county, is not void, though it was admitted to- be irregular. And in King v. King, 1…
2Cases cited4 opinions
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1835
- Martin v. RexSupreme Court of Pennsylvania · 1820
- Duane v. MierckenSupreme Court of Pennsylvania · 1807
- Emery v. NelsonSupreme Court of Pennsylvania · 1822
3Cited by13 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Holly v. TravisSupreme Court of Pennsylvania · 1920
- Commonwealth v. BergenSuperior Court of Pennsylvania · 1938
- Wickersham v. SavageSupreme Court of Pennsylvania · 1868
- Yaple v. TitusSupreme Court of Pennsylvania · 1862
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