Nelson v. Guffey

Citations

• 131 Pa. 273
• 18 A. 1073
• 1890 Pa. LEXIS 1107

Syllabus

<p>[To be reported.]</p> <p>1. The transfer of a judgment by an exemplification of the record thereof, under § 1, act of April 16, 1840, P. L. 410, is for purposes of lien and execution only, and does not become a judgment, in the common interpretation of the word, of the county to which it has been transferred.</p> <p>2. It is but record evidence of the existence of the judgment in the county in which it- was obtained; the court to which it is transferred has no power over it, save for purposes of lien and execution, and cannot inquire into its validity or make orders affecting its operation.</p> <p>8. All inquiries into the effect of thejudgment, as establishing the plaintiff's demand, must be made to the court that pronounced it; yet the regularity of the process upon the ancillary judgment must be determined by the court from which such process is issued.</p> <p>4. The revival of a judgment entered upon such exemplification, as it does not displace the control over the original of the court where it was obtained, confers upon the court of the ancillary judgment no power other than that acquired when the transfer was made.</p> <p>5. Upon a judgment entered upon such exemplification, or uporCa judgment of revival thereof, no testatum fieri facias can issue; and if it be issued, the court whence it proceeds has full power, upon the application of the defendant, to order it to be set aside.</p> <p>6. Wherefore, there being this plain and adequate remedy at law, it is error in the court of the county to which such testatum fieri facias is directed, to proceed by bill in equity, filed by the defendant, to enjoin the plaintiff from prosecuting its enforcement.</p>