Gabelia v. Benes

Rodgers, P. J.,

This matter comes before the court on a rule to show cause why Clara Benes Purich, administratrix of the estate of Joseph Benes, deceased, should not be substituted for Joseph Benes as a party defendant in this matter.

During his lifetime Joseph Benes executed and delivered to plaintiff a judgment note containing a warrant of attorney to confess judgment. Judgment was entered pursuant to the warrant of attorney contained in the note on November 11, 1949. A praecipe for a writ sci. fa. to revive the lien of the judgment was filed on November 20, 1958. On November 20, 1958, the…