Bradley v. Flowers

Decided December 15, 1807

Supreme Court of Pennsylvania · decided 1807-12-15

It appeared by the record, that the suit had originated before Abraham Shoemaker, esq. one of the city aldermen, by a summons-tested the 2d April 1805, returnable on the 9th April, John Flowers v. Thomas Bradley, indorsee of John Flowers, and that judgment had been entered by default for the plaintiff below, for $32.78 cents debt and 50 cents costs. On the 29th April, the defendant claimed the benefit of his freehold, and obtained it.

Decided 1807-12-15

Per Czir.

¶1The note and protest have been annexed to the record, but we can only form a conjecture of what was the real ground of action before the alderman. Here it is possible, that by a particular guaranty, Bradley to whom it has been indorsed, might have been responsible for the amount of the note; and we are not to presume any thing against a judgment. We do not incline to set aside judgments, unless for manifest error. Brad- * -i ley, *has also acquiesced in the judgment, by praying the 437-1 benefit of his freehold. If injustice had been done him, he might have had his remedy on an appeal, upon the merits.

¶2Judgment affirmed.