Fraley's Appeal

Supreme Court of Pennsylvania

Fraley's Appeal

76 Pa. 42, 1874 Pa. LEXIS 146

CourtSupreme Court of Pennsylvania

DecidedMarch 30, 1874

StatusPublished

Cited by4 cases

This text of 76 Pa. 42 (Fraley's Appeal) 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

Fraley's Appeal, 76 Pa. 42, 1874 Pa. LEXIS 146 (Pa. 1874).

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Opinion

Judgment was entered- in the Supreme Court March 30th 1874.

Per Curiam.

We think this case is governed by the same principle which ruled the cases of Fisher v. Knox, 1 Harris 626, and Campbell’s Appeal, 5 Casey 402. The practice of delivering a note or bond, upon which judgment is entered by the prothonotary under the Act of 1806, back to the plaintiff is bad and malus usus abolendus est. It should remain on file as the evidence of authority for the judgment and the protection of the defendant.

Judgment affirmed.

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Judgment was entered- in the Supreme Court March 30th 1874.

Per Curiam.

We think this case is governed by the same principle which ruled the cases of Fisher v. Knox, 1 Harris 626, and Campbell’s Appeal, 5 Casey 402. The practice of delivering a note or bond, upon which judgment is entered by the prothonotary under the Act of 1806, back to the plaintiff is bad and malus usus abolendus est. It should remain on file as the evidence of authority for the judgment and the protection of the defendant.

Judgment affirmed.

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Bluebook (online)

76 Pa. 42, 1874 Pa. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraleys-appeal-pa-1874.

Opinion

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