Dowling v. McGregor
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1879, No. 27. Scire facias quare executionem non on a judgment by Daniel McGregor against W. S. Craft and Sarah Dowling, administratrix of Hugh Dowling, deceased. The original judgment was entered by the prothonotary on a judgment-note signed by Craft, who was the principal debtor, and Dowling, who was surety, for $175, payable ten months from date.
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Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1879, No. 27. Scire facias quare executionem non on a judgment by Daniel McGregor against W. S. Craft and Sarah Dowling, administratrix of Hugh Dowling, deceased. The original judgment was entered by the prothonotary on a judgment-note signed by Craft, who was the principal debtor, and Dowling, who was surety, for $175, payable ten months from date. The scire facias in this suit was on this judgment against Craft and Sarah Dowling, administratrix of the estate of Hugh Dowling, and judgment was entered against…
1Opinion of the CourtJustice Mercur
This was a scire facias on a judgment recovered against Craft and Dowling jointly. After its rendition, Dowling died, and this *412scire facias issued against the survivor, Craft, and the plaintiff in error, as administratrix of Dowling, deceased. Judgment by default was taken against Craft. A verdict was afterwards rendered against the plaintiff in error, and judgment entered thereon. To this last judgment this writ of error was taken.
The first and second assignments are to the rejection of evidence. The offers show an attempt on this trial to inquire into the merits of the original judgment.…
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