Sheip v. Price, Page & Co.

Citations

• 3 Pa. Super. 1
• 1896 Pa. Super. LEXIS 97

Syllabus

<p>Practice, G. P. — Discretion to quash writ — Act of 1869.</p> <p>The court has discretionary power to quash a writ of attachment under the act of 1869 upon extraneous evidence that the affidavit and bond were not filed upon the day the record shows they were filed.</p> <p>Record imports verity — When it may be supplied or corrected.</p> <p>A record imports absolute verity and, as a general rule, it should be so regarded in practice. It is not on every occasion that resort should be permitted to affidavit and depositions to contradict the record or explain it away. When it is lost or destroyed or error has intervened and the due administration of justice demands that it should be supplied, amended or reformed, it can and should be done in the appropriate and orderly way.</p> <p>Records — Power of court to control — Presumption of verity.</p> <p>Every court of record is the guardian and judge of its own records, it is clothed with full power to control and inquire into them and set them right if incorrect, but when a court considers a record without attempting to reform same in an appropriate and orderly way, every presumption of verity must be accorded such record and apparent alterations and interlineations made by the prothonotary should be construed as mistakes corrected as soon as made rather than as a tampering with a record, w'hich would be unlawful.</p> <p>Practice, G. P. — Records not to be impeached inferentially.</p> <p>It is error to quash a writ of attachment, on allegations impeaching a record, by an affidavit alleging alterations thereof, while permitting the record to stand. The proper practice would be for the court to inquire, as it had power to do, into the impeachment of the record and amend or correct it if tampered with, and upon the record if amended quash the writ if. warranted. A record may not be inferentially impeached.</p>