Edwards's Appeal

Citations

• 66 Pa. 89
• 1870 Pa. LEXIS 281

Syllabus

<p>1. An auditor cannot declare a judgment on an amicable scire facias void and no lien, for want of a stamp on the agreement or for any other irregularity.</p> <p>2. An irregular judgment may be reversed on error, but it is good until then.</p> <p>3. - An auditor can disregard a judgment only where it is void.</p> <p>4. A scire facias on a judgment is not original process and does not require a stamp: It is but process to continue the lien.</p> <p>5. A scire facias on a mortgage or a mechanic’s lien is original process.</p> <p>6. Whether Congress can subject judicial proceedings of the states to stamp duties, quaere?</p> <p>7. A judgment was entered against Edwards and Swiler, it was after-wards revived by amicable scire facias against Edwards alone. Reid, that the lien of the original judgment was continued on Edwards’s land.</p>