Stephens v. Forsyth
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Allegheny county. The bill of E. W. Stephens had been presented to the District Court sitting in chancery, against Forsyth, sheriff of Allegheny county, and William Nelson and others, heirs of Cornelia Stephens, daughter of Cornelia Stephens, which latter had been the wife of A. C. Stephens, and daughter of E. Gr. Nelson. The plaintiff complained, in this case, that in 1830, E. Gr.
Read the full summary
Appeal from the decree of the District Court of Allegheny county. The bill of E. W. Stephens had been presented to the District Court sitting in chancery, against Forsyth, sheriff of Allegheny county, and William Nelson and others, heirs of Cornelia Stephens, daughter of Cornelia Stephens, which latter had been the wife of A. C. Stephens, and daughter of E. Gr. Nelson. The plaintiff complained, in this case, that in 1830, E. Gr. Nelson died, leaving two children, William and Cornelia; William died in 1842, intestate and without issue; Cornelia married Allen Stephens. On 18th January, 1843,…
1Opinion of the Court
— Per curiam.
— A decree in equity produces its effect by controlling the course of the person, not by controlling a court of law, or any part of its machinery. A party may proceed at law, in the face of an injunction, and the court of law will adjudicate, if he will brave the consequences of the contempt. A court of chancery affects no superiority over any court of law whatever, or its officers; and pretends not to review their proceedings : so that the court, from which process has issued, is the only one to which the sheriff is answerable for the execution of it.
Decree affirmed.
2Cited by2 opinions
- Commonwealth ex rel. Messing v. MessingSuperior Court of Pennsylvania · 1961
- Rodney v. DraneWest Virginia Supreme Court · 1939