Reynolds v. Barnes
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: Of October and November Term 1874, No. 199. This was a scire facias sur recognisance of bail in error, issued December 12th 1873, by Samuel Reynolds against William McKee, Joseph D. McGill, A. Inskeep, J. B. Poor and Thomas Barnes. The writ was served on all the defendants.
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Error to the District Court of Allegheny county: Of October and November Term 1874, No. 199. This was a scire facias sur recognisance of bail in error, issued December 12th 1873, by Samuel Reynolds against William McKee, Joseph D. McGill, A. Inskeep, J. B. Poor and Thomas Barnes. The writ was served on all the defendants. The affidavit of the plaintiff’s claim was :— “ That at No. 196, November Term 1872 of this court, there was obtained against the defendants Poor and McKee, a verdict for the sum of $2065, and a judgment was entered on said verdict in favor of plaintiffs; that a writ of…
1Opinion of the CourtJustice Williams
The depositions are no part of the record, and we cannot look into them for the purpose of ascertaining whether they show that the judgment as against Thomas Barnes was discharged or not. If the court had power to direct the judgment to be marked satisfied as to him, the presumption is that it was rightly exercised (Bain v. Funk, 11 P. F. Smith 185), and the order must be affirmed. Had the court then the power to make the order ? Under the Act of 13th April 1851, Pamph. L. 612, the courts of the city and county of Philadelphia are authorized to direct satisfaction to be entered on judgments…
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