McCabe v. Emerson
Supreme Court of Pennsylvania
Error to the Common Pleas of Indiana county. E. P. Emerson had brought suit against R. B. McCabe, surviving Lucius Hull. It was an action of debt on a promissory note for $1259.11, having a credit of $57 endorsed on it. Verdict -was rendered for the plaintiff for $400. A writ of error was sued out by Emerson, the plaintiff, to October Term 1849, and at that term, the judgment below was affirmed in the Supreme Court.
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Error to the Common Pleas of Indiana county. E. P. Emerson had brought suit against R. B. McCabe, surviving Lucius Hull. It was an action of debt on a promissory note for $1259.11, having a credit of $57 endorsed on it. Verdict -was rendered for the plaintiff for $400. A writ of error was sued out by Emerson, the plaintiff, to October Term 1849, and at that term, the judgment below was affirmed in the Supreme Court. After this affirmance, this writ of error was sued out by McCabe the defendant. In support of the writ the Act of 22d March, 1850, was referred to. The second section of that Act…
1Opinion of the Court
The opinion of the Court was delivered, by
Rogers, J.
In Henderson v. Irwin, decided at the September Term, 1848, at Pittsburgh, not yet reported, it is ruled that when a party omits to sue out a writ of error before the final adjudication of the Supreme Court on a writ sued out by his adversary, he waives or loses the right to take a writ of error himself. A writ of error will not lie, for that in effect would be to reverse or call in question a final judgment already rendered by this Court. This would be decisive of this case but for the 2d section of the Act of 22d March, 1850. So.far as…
2Cited by12 opinions
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