Morley v. Elsbree

Citations

• 2 Monag. 281
• 17 A. 212
• 1889 Pa. LEXIS 1393

Syllabus

<p>In an action on the case for conspiracy, the declaration alleged that the plaintiff and defendants each held a judgment against the same party, that defendants’ judgment was paid, but they fraudulently conspired to cheat the plaintiff by inducing the debtor to enter an appearance on a sci. fa. issued upon plaintiff’s judgment so as to prevent judgment, and further induced the debtor to confess a revival of the judgment paid. Besides tending to establish the alleged conspiracy, the evidence showed that sale was made upon execution issued upon the plaintiff’s judgment, the fund referred to an auditor who awarded it to the judgment now alleged to be paid. The defendants claimed that this suit was a collateral attack upon a judgment. The court charged, in effect, that if the judgment was paid and kept on foot by the defendant for the purpose of defrauding the plaintiff, and the purpose was accomplished, the plaintiff could recover. Verdict and judgment for plaintiff. Held., that the judgment should be affirmed.</p>