Rockwell v. Tupper

Citations

• 7 Pa. Super. 174
• 1898 Pa. Super. LEXIS 263

Syllabus

<p>Judgment — Equitable review.</p> <p>A court of equity has not the revisory jurisdiction over judgments pertaining to courts of error or appeal; this is as true of judgments obtained before a justice as it is of those obtained in a court of record.</p> <p>Judgment before a justice — Review—Equitable jurisdiction.</p> <p>Where a justice of the peace has jurisdiction of the parties and the cause of action, and proceeds in the mode prescribed by law to judgment, the remedy for the correction of his errors, whether of fact or of law, is by appeal; where the proceedings, as shown by his record, are irregular or contrary to law, the party aggrieved has a remedy by certiorari. He cannot neglect to avail himself of these remedies and then appeal to a court of equity to restrain his adversary from enforcing the judgment.</p> <p>Judgment — Regularity thereof against defendants named.</p> <p>A judgment in favor of a plaintiff, without more, is a judgment against the defendants named in, and served with, process, unless there is something on the record to show that one or more of them was excepted.</p> <p>Where defendants are sued as president, secretary, etc., of a joint stock company, a judgment for the plaintiff is a judgment against the defendants personally. The addition of the official titles to the names of the defendants is to be regarded as descriptio personas, and rejected as surplusage.</p>