Brumbaugh v. Schnebly

Le Grand, C. J., delivered the opinion of the court. The bill in this case was filed to have the defendant .enjoined from issuing executions on two judgments which had been confessed before a justice of the peace. The bill in substance avers, that no warrant ever issued, and at the time of the confession of the judgments the complainants believed the claim of the defendant to be just and free from all objection, but that sinc.e then they discovered it to be fraudulent and usurious. The answer of respondent denies all fraud and usury.

This being so, the only question presented to this court is, ought relief to be sought in equity against the effect of the judgment because of th.e non-issue of warrants, or ought it to have been sought at law on appeal ? We are of opinion, that the complainant ought to have sought relief at law 0I? an appeal., Jh a case somewhat analogous to the one before the court this doctrine was held. We allude to the case of Derickson and others, vs. Predeaux and others, decided by the Court of Appeals for the Eastern Shore, at June term, 1824. In that case a party having a claim against one of the complainants split the amount into several sums, and caused warrants to be issued on each of such sums, and obtained judgments by the confession of the defendant in those suits.

The bill was filed to prevent the execution of the judgments, on the ground, that