Breckwoldt v. Morris

Supreme Court of Pennsylvania May 23, 1892

Breckwoldt v. Morris, 149 Pa. 291 (Pa. 1892)

24 A. 300; 1892 Pa. LEXIS 1121

Green, McCollum, Mitchell, Paxson, Sterrett, Williams

Opinion of the Court

Per Curiam,

We think the learned judge below was right in entering judgment upon the reserved points in favor of the defendants. *297There was nothing upon the record of the justice of the peace to show that the plaintiff was a married woman at the time the judgment against her was rendered. She did not appeal from that judgment, and, after the time limited for an appeal, the plaintiff in that suit issued an execution against the defendant (the plaintiff in this suit), and under it her personal property was levied upon and sold. "Under these circumstances, the judgment of the justice, and the execution issued thereon, was a protection to the constable, and also to the plaintiffs in that suit. There is no analogy between this case and those cited in which the coverture appeared upon the record. The opinion of the learned judge below on the questions reserved is so clear and satisfactory that further comment is unnecessary.

Judgment affirmed.

Reference

Cited By: 3 cases
Status: Published
Syllabus: Married women—Judgment—Impeaching by showing coverture—Trespass —Constable. A judgment of a court of competent jurisdiction, in which the defendant has been duly served with process, and which is perfectly regular and valid on its face, cannot be impeached in a collateral proceeding by showing that the defendant was a married woman. Where execution has been issued on a judgment obtained before a justice of the peace, whose record does not disclose the fact that the defendant is a married woman, and the property of the defendant seized and sold to one of the plaintiffs, the defendant cannot maintain trespass against the purchaser and the constable.