Kreamer v. Purvis

Decided January 31, 1881

Supreme Court of Pennsylvania · decided 1881-01-31

3 of Philadelphia County, No. 167 January Term, 1890. This was an action before a Magistrate, by D. M. Kreamer against J. Purvis and J. Neils, for milk sold and delivered to Purvis, for whom Neils was surety. Judgment for plaintiff, and execution, and return of “no goods.” Plaintiff filed a transcript in the Court of Common Pleas No. 3, fi. fa. issued, property of defendant “levied and condemned,” and vend. ex. issued.

Decided 1881-01-31

¶1The Supreme Court affirmed the judgment of the Common Pleas on January 31st, 1881, in the following opinion :

Per Curiam.

¶2' It is true that the Court had no right to open the judgment of • the magistrate, but it must, of necessity, have the power to prevent the abuse of its own process. The stay was not indefinite in any proper sense of the term, but until the further order of the Court. Had it appeared the plaintiff, after a reasonable time, had applied to take off the stay and been refused, there might have been a ground for saying that it was was an apparent abuse of discretion which this Court could •correct.

¶3Order affirmed.