Burns v. Thornburgh

Supreme Court of Pennsylvania

Burns v. Thornburgh

3 Watts 78

CourtSupreme Court of Pennsylvania

DecidedSeptember 15, 1834

StatusPublished

Cited by7 cases

This text of 3 Watts 78 (Burns v. Thornburgh) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. Thornburgh, 3 Watts 78 (Pa. 1834).

Pincite

Opinion

Per Curiam.

The revocation of the order to defalcate, is but equivalent to a refusal to defalcate in the first instance, which is not the subject of a writ of error. The power to set one judgment against another, is an inherent one, and' the only equitable power [79]*79which the common law courts originally possessed. Not being conferred by the statute, it is not a legal power, nor its exercise demand-able of right; and being discretionary, the propriety of its exercise cannot be questioned here, where we are incompetent to judge of the circumstances.

Writ quashed.

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Per Curiam.

The revocation of the order to defalcate, is but equivalent to a refusal to defalcate in the first instance, which is not the subject of a writ of error. The power to set one judgment against another, is an inherent one, and' the only equitable power [79]*79which the common law courts originally possessed. Not being conferred by the statute, it is not a legal power, nor its exercise demand-able of right; and being discretionary, the propriety of its exercise cannot be questioned here, where we are incompetent to judge of the circumstances.

Writ quashed.

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Bluebook (online)

3 Watts 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-thornburgh-pa-1834.

Opinion

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