Burns v. Thornburgh

3 Watts 78 | Pa. | 1834

Per Curiam.

The revocation of the order to defalcate, is but equivalent to a refusal to defalcate in the first instance, which is not the subject of a writ of error. The power to set one judgment against another, is an inherent one, and' the only equitable power *79which the common law courts originally possessed. Not being conferred by the statute, it is not a legal power, nor its exercise demand-able of right; and being discretionary, the propriety of its exercise cannot be questioned here, where we are incompetent to judge of the circumstances.

Writ quashed.

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