Ahl ex rel. Long v. Goodhart

Supreme Court of Pennsylvania
Ahl ex rel. Long v. Goodhart, 161 Pa. 455 (Pa. 1894)
29 A. 82; 1894 Pa. LEXIS 716
Dean, Fell, Green, Mitchell, Sterrett

Ahl ex rel. Long v. Goodhart

Opinion of the Court

Per Curiam,

Appellant’s paper-book is defective in that it does not contain either the affidavit of defence to this scire facias, or the opinion of the court, January 22, 1892, discharging, at petitioners’ costs, the “rule to show cause why the judgment should not be marked satisfied, and why it should not be opened and the defendants allowed to defend.” This would be good ground for summarily disposing of the appeal; but, inasmuch as the appellee has supplied these essential portions of the record, the case may be disposed of on its merits.

An inspection of the record, including the opinion referred to, discloses the fact that the matters interposed as a defence to this scire facias are substantially the same as those passed upon by the court on said rule to show cause, etc., and are therefore res adjudicata: Gordinier’s Ap., 89 Pa. 528; Miller v. Schenck, 94 Pa. 37; Frauenthal’s Ap., 100 Pa. 290. The principle of the cases is that a party who has submitted his alleged grievance to a court of competent jurisdiction and has *457had the same adjudicated, has had his day in court, and cannot be again heard, as to the same matters, in another form of proceeding.

Judgment affirmed.

Reference

Full Case Name
Ahl to use of Long v. Goodhart
Cited By
5 cases
Status
Published
Syllabus
Bes adjudicatei — Judgment—Scire facias to revive. Where a rule to open a judgment confessed has been discharged, the defendant cannot subsequently, on a scire facias to revive the judgment, set up as a defence the same matters that were passed upon by the court on the rule to open the judgment. Such matters are res adjudicata. Practice, Supreme Oourt — Paper-books. In such a ease on an appeal from a judgment on the scire facias, the appellant must print in his paper-book the affidavit of defence to the scire facias, and the opinion of the court discharging the rule to open the judgment.