M'Kinney v. Mehaffey
Supreme Court of Pennsylvania
ERROR to the Court of Common Pleas of Lancaster county. This was a scire facias by James Mehaffey, surviving partner of Henry Share, John Pedan and others, who did business under the firm and name of Henry Share & Company, against Samuel M’Kinney.
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ERROR to the Court of Common Pleas of Lancaster county. This was a scire facias by James Mehaffey, surviving partner of Henry Share, John Pedan and others, who did business under the firm and name of Henry Share & Company, against Samuel M’Kinney. The original judgment was founded upon a bond of Samuel M’Kinney to Henry Share ¿y Co. in the penalty of $7674, conditioned for the payment of $3837, and which was accompanied by a warrant of attorney to confess judgment, by virtue of which a judgment was entered to April term 1815, in the name of Hem-y Share Sy Co. against Samuel M’Kinney. The…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
A scire facias answers the purpose both of a writ and a declaration; and where a legal title to have execution of the original judgment or recognizance is not set out in it, judgment may be arrested as for want of a cause of action. But execution is to be had only in the name of the legal plaintiff; and what title to the character does this plaintiff show ? He has set out the judgment truly as it exists; and as there was no variance between his description and the truth, there was no room for the plea of nul tiel record. There is exactly…
2Cases cited3 opinions
- Armstrong v. City of LancasterSupreme Court of Pennsylvania · 1836
- Porter v. CressonSupreme Court of Pennsylvania · 1823
- Mehaffy v. LytleSupreme Court of Pennsylvania · 1833
3Cited by11 opinions
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
- Blue Star Navigation Co. v. Emmons Coal Mining Corp.Supreme Court of Pennsylvania · 1923
- Massey v. MasseySupreme Court of Pennsylvania · 1920
- Automobile Securities Co. v. WilsonSupreme Court of Pennsylvania · 1928
- Campbell's EstateSuperior Court of Pennsylvania · 1903
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