Moore v. Kiff
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: No. 54, to January Term 1875. This was a scire facias sur judgment, issued January 8th 1868, by Abraham C. Moore against Erastus Kiff, Samuel Kiff and John Kiff.
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Error to the Court of Common Pleas of Bradford county: No. 54, to January Term 1875. This was a scire facias sur judgment, issued January 8th 1868, by Abraham C. Moore against Erastus Kiff, Samuel Kiff and John Kiff. The judgment on which this scire facias was issued, was entered to September Term 1846, on a bond with warrant of attorney, to confess judgment, dated June 24th 1846, conditioned for the payment of ten notes of the same date, amounting in the whole to $3150. The notes were executed by the defendants and payable yearly for ten years without interest. At the same time the…
1Opinion of the CourtJustice Paxson
We do not see the force of the first assignment of error. It amounts substantially to an allegation, that the court below erred , in submitting a question of fact to the jury. What other disposition the court could have made of it does not appear.
We think the learned judge erred in instructing the jury that the payment made by the defendants, must be applied to the principal of the debt in controversy, to the exclusion of the interest notes. He places this upon the ground, that the latter were barred by the statute, as will be seen from the following extract from his charge : “ No money or…
2Cited by8 opinions
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- Kann v. KannSupreme Court of Pennsylvania · 1918
- Goodwin v. HecklerSupreme Court of Pennsylvania · 1916
- Bell v. ClarkSuperior Court of Pennsylvania · 1909
- Cusati Et Ux. v. DellisantiSuperior Court of Pennsylvania · 1943
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