18 Pa. 482 | Pa. | 1852
The opinion of the Court was delivered, by
On the 3d day of October, 1851, Roemer gave a promissory note' to Denig, payable “ one day after date,” with a power of attorney to confess judgment “ without stay of execution.”
It must not be forgotten that this is a writ of error by the defendant in the execution. His own rights are all that can be urged on this writ; and the record shows that he has sustained no injury whatever. This decision may, perhaps, disappoint the expectation of a subsequent execution creditor, who made an application in the Court below to set aside the execution for the alleged irregularity; but his intervention was altogether unauthorized, and his wishes cannot be taken into consideration here. A subsequent judgment creditor may impeach a.prior judgment upon the ground that it was given without consideration, to defraud creditors; but he has nothing to do with mere errors and irregularities in the proceedings: 8 W. & Ser. 387; 5 W. & Ser. 473; 1 Penna. Rep. 251.
Judgment affirmed.