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2 Pen. & W. 331

Bossler v. Johns

Supreme Court of Pennsylvania

Decided May 15, 1831

Supreme Court of Pennsylvania · decided 1831-05-15

IN ERROR. Error to the District .Court of the City and County of Lan-> caster. Two writs of scire facias had issued in that court by the defendant in error, against the present plaintiffs in error, to make them parties to two suits, entered to June Term, 1823, No. 361 & 362. • On the 16th June, 1824, judgment was rendered in each case, that the defendants be made parties to the-original suit.

Decided 1831-05-15

Pee. Ctjeiam.

¶1A judgment on a scire facias to substitute parties, is merely interlocutory, and therefore not ground for a writ of errox*. If parties have been erroneously substituted here, they will have remedy whenever it is ascertained by a definitive judgment, that they have received injury: till then an application to tfiis court, must be premature.

¶2Writ of error quashed,

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