DocketNumber: Appeal, No. 215
Citation Numbers: 24 Pa. Super. 321, 1904 Pa. Super. LEXIS 176
Judges: Beaver, Henderson, Morrison, Orlady, Porter, Rice, Smith
Filed Date: 3/14/1904
Status: Precedential
Modified Date: 10/19/2024
Opinion by
On September 17,1898, a transcript of a judgment entered July 26, 1898, by J. B. Kreckel, an alderman, certified on September 13,1898, was filed in the common pleas, the judgment being in favor of Regina Doerr, against “ George Graybill and wife.” On April 8, 1902, a paper of the following tenor, signed by the alderman, was filed in the common pleas : “ Mrs. Regina Doerr v. George Graybill and Mary Graybill (his wife). In the above suit I certify that there was judgment entered July 26, 1898, for plaintiff, in the sum of $79.64 and costs. April 7, 1902, execution issued, and Constable Roerich makes return April 8, 1902, no goods.” On April 8, 1902, an attachment in execution, in the common pleas, was issued against “ George Gray-bill and wife (who is Mary Graybill), Defendants, and Christian Yeager and Henry Yeager, executors of Christian Yeager, deceased, garnishees.” Mary Graybill thereupon-, moved to have the attachment dissolved as to her, on the ground that there was no judgment to sustain it. While this was pending, the plaintiff moved to amend the transcript, record, and proceedings on the attachment, “ so that instead of being George
While there are thus two final orders in the proceedings, there is but one appeal, and it does not clearly appear which order was appealed from. Yet, as there is really but one question involved, we think it proper to decide this without reference to the technical status of the two motions on the appeal.
The only judgment to be found in the case is that in favor of Regina Doerr against George Graybill and wife, entered first by the alderman, and next in the common pleas on the transcript. In legal effect, this is but a judgment against George Graybill. The judgment entered by the alderman is the basis of the judgment in the common pleas. The only warrant for the latter is the transcript, and no more can legally be placed on record in the common pleas than appears on the transcript. When the transcript was filed, it contained no authority for the entry of judgment against Mary Graybill, and the judgment entered on it authorized no execution against her. The question in the case is whether the common pleas had power to enter judgment against her by way of amendment.
The act of March 20,1810, section 10, authorized the filing in the common pleas of a transcript of a judgment of a justice, to bind the defendant’s real estate, and execution thereon upon the justice’s certificate that an execution had been issued by him to the proper constable and returned nulla bona. This, however, gives the common pleas no authority to open such judgment, or to review the decision of the justice on any question involved therein: Lacock v. White, 19 Pa. 495; Boyd v. Miller, 52 Pa. 431; Wilkinson v. Conrad, 10 W. N. C. 22 ; Littster v. Littster, 151 Pa. 474. It was long doubted whether there could be execution against the defendant’s personal property, and to settle this point the act of June 24, 1885, provided that “ such judgment shall have the force and effect of a judgment
The orders made by the court below are affirmed.