Ely v. Karmany

1. A paper under seal by which the obligor promised to pay to another a specified sum of money and confessed “judgment on the above sum with costs of suit,” was in construction of law a power to the prothonotary to enter judgment thereon under the provisions of the Act of 24th February, 1806. 2. The entry of a judgment thereon in the Common Pleas of Lancaster county exhausted the power, and the entry of a second judgment thereon in Lebanon county was illegal and was properly vacated by the Court.

Appeal from the decree of the Common Pleas of Lebanon county. Appeal by John Ely from the judgment of the Common Pleas of Lebanon county, directing the entry of a judgment to be stricken from the record. Henry G. Clark gave a note, as follows:— $2030.69. Mt. Joy Tp., Lancaster Co., Dec. 20, 1851. One day after date, for value received, I promise to pay John Ely, or bearer, two thousand thirty dollars and sixty-nine cents, with interest, without defalcation, and I do hereby confess judgment on the above sum with costs of suit, a release of all errors, and stay of execution until the day of payment. Witness my hand and seal, at Mount Joy Township, this 20th day of December, Anno Domini 1851. Attest: Moses Bowman. Henry G. Clark, [l. s.] At the time the note was executed, Henry G. Clark owned real estate, part of it lying in Lancaster county, and part in Lebanon county. On 27th December, 1851, judgment was entered on this note in Lancaster county — and on 29th December, 1851, another judgment on it was entered in Lebanon county ; in each case by the prothonotary or his deputy. On 6th January, 1852, Clark executed^. deed of trust to David M. Karmany, for the benefit of his creditors. Clark died on 5th February, 1853, and letters of administration on his estate were granted to the said David M. Karmany on 26th September, 1853. It was stated on the part of the appellee that for most of the time between the date of the note and his death, Clai’k was a resident of the borough of Lebanon, and it was alleged had not questioned the validity of the judgment entered in Lebanon county. On 26 th September, 1853, a petition of Karmany, the administrator, was presented to the Court for a rule to show cause why the judgment entered in Lebanon county should not be stricken from the records; and on November 15, 1853, the rule was made absolute. Appeal was taken on the part of John Ely, and exception was taken to the vacating of the judgment.