France v. Ruddiman
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 258 January Term 1889, Sup. Ct.; court below, No. .... March Term 1885, C. P. No. 3. On May 2, 1885, a scire facias sur mortgage was issued wherein Elizabeth W. David, Edward M. David, William P. David and James O. David, executors of the estate of William M. David, deceased, were plaintiffs, and James Glasby and Phcebe Glasby, his wife, were defendants.
Read the full summary
ERROR TO THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 258 January Term 1889, Sup. Ct.; court below, No. .... March Term 1885, C. P. No. 3. On May 2, 1885, a scire facias sur mortgage was issued wherein Elizabeth W. David, Edward M. David, William P. David and James O. David, executors of the estate of William M. David, deceased, were plaintiffs, and James Glasby and Phcebe Glasby, his wife, were defendants. The mortgage was for $1,000 and had been given May 18, 1878, by said James Glasby and Phoebe Glasby to said William M. David, and covered certain premises on Orianna street,…
1Opinion of the Court
Pick Ctjeiam:
The writ of error in this case was taken to the judgment on the scire facias on the mortgage. The depositions taken under the rule to show cause why that judgment should not be opened, are no part of the record in the proceeding by scire facias. We cannot consider them, because they are not before us by bill of exception or in any other manner. If Mrs. Giasby were living and did not choose to plead her former coverture in defence against the mortgage, judgment would be entered against her on the scire facias, notwithstanding the fact of such coverture. She had ample opportunity…
2Cited by8 opinions
- Miles v. LaytonSupreme Court of Delaware · 1937
- Lincoln Bank v. Gem City Wholesale Grocery Co.Supreme Court of Pennsylvania · 1926
- Phila. ex rel. Peters v. JenkinsSupreme Court of Pennsylvania · 1894
- Stahr v. BrewerSupreme Court of Pennsylvania · 1898
- Broadway Bk. Scottdale v. DiskinSuperior Court of Pennsylvania · 1932
3 more not listed; retrieve them via the Exa API.