Legal Opinion

Lewis v. Wallick

Supreme Court of Pennsylvania

Decided September 29, 1817PublishedCited by 3 opinions

In Error. THIS was a writ of error to the Common Pleas of Bedford county, in the return to which the Court of Common Pleas of Bedford county sent up the record of a domestic attachment, by virtue of which the property of the plaintiff in error was seized by the sheriff, and delivered to trustees, appointed by the Court, under the act of 4th December, 1807. moved to quash the writ of error, on two grounds. 1. That the Court of Common Pleas has given no final judgment, nor…

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In Error. THIS was a writ of error to the Common Pleas of Bedford county, in the return to which the Court of Common Pleas of Bedford county sent up the record of a domestic attachment, by virtue of which the property of the plaintiff in error was seized by the sheriff, and delivered to trustees, appointed by the Court, under the act of 4th December, 1807. moved to quash the writ of error, on two grounds. 1. That the Court of Common Pleas has given no final judgment, nor made any final order or decree in the case. 2. That a writ of error does not lie, because the proceedings are not according…

1Opinion of the Court

Tilghman C. J.

1st. As to the first exception, the general rule is, that error does not lie before final judgment; and' this rule is founded on great reason; because there would be no end to suits, if they might be removed to the superior Court on suggestion of error, in every stage of the proceedings. In the present case, there was nothing like final judgment, order, or decree. The trustees appointed by the Court, to take charge of the defendant’s property, were to convert it into money, pay his debts, and make return of their proceedings to the Court, and, in case of any dispute, concerning…

2Cases cited1 opinion

  1. Ruhlman v. CommonwealthSupreme Court of Pennsylvania · 1812

3Cited by3 opinions

  1. Commonwealth v. BeaumontSupreme Court of Pennsylvania · 1834
  2. Baker v. WilliamsonSupreme Court of Pennsylvania · 1845
  3. Roberts v. AustinSupreme Court of Pennsylvania · 1840

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