Smith v. Shoenberger
Supreme Court of Pennsylvania
Appeal, No. 128, July T., 1895, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1892, No. 29, on verdict for plaintiff. Scire facias to revive judgment.
Read the full summary
Appeal, No. 128, July T., 1895, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1892, No. 29, on verdict for plaintiff. Scire facias to revive judgment. Before Bbubajkeb, J. From the record it appeared that on November 28, 1868, a judgment was entered in the'court of common pleas of Lancaster county at the suit of Jungerich & Smith v. Edwin F. Shoenberger in open court for the plaintiff and against the defendant, for want of an appearance for $6,848.57. This judgment was obtained upon a sci. fa. to revive a judgment for $4,068.71, entered on August 21,1857, to August term, 1857,…
1Opinion of the Court
Per Curiam,
The several assignments of error in this case really raise but one question, and that is the sufficiency of the evidence to justify its submission to the jury. The plaintiff’s judgment was more than twenty years old. The defendant relied on the presumption of payment growing out of the lapse of time. The plaintiff attempted to rebut this presumption by the declarations of the defendant tending to show that it was not paid. This evidence was pertinent. Its persuasive value was for tho jury to determine. We see no error in its admission or in the manner of its submission, and the…
2Cited by8 opinions
- Hattersley v. BolltCourt of Appeals for the Third Circuit · 1975
- Sheafer v. WoodsideSupreme Court of Pennsylvania · 1917
- Bolender v. Farm Bureau Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1973
- O'Hara v. CorrSupreme Court of Pennsylvania · 1904
- Brady v. TarrSuperior Court of Pennsylvania · 1941
3 more not listed; retrieve them via the Exa API.