General
James Campbell v. John Canon
1 Add. 267·Washington County Court·1795·PA
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Opinion
WASHINGTON COUNTY,
March Term, 1795.
James Campbell v. John Canon.
Canon gave Campbell a bond for the payment of money, with a warrant of attorney to confess judgment. A judgment had accordingly been entered, and, a year and day having expired without any execution, a scire facias was issued; but, to get an execution more quickly, this was discontinued, and another judgment entered on the warrant annexed to the bond, and execution on this second judgment was issued. And now a motion was made to set aside this second judgment, and the execution on it, as irregular.
[MAJORITY — President.]
President.
We think this warrant of attorney authorised the entry of only one judgment, and was satisfied by the entry of the first judgment. The second judgment, and the execution on it, must, therefore be set aside as irregular. But we hope the defendant will consent that the discontinuance of the scire facias be also set aside, that the plaintiff may proceed thereon to recover his money.
This was agreed to.