Kincade v. Cunningham
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE INDIANA COUNTY. No. 244 October Term 1887, Sup. Ct.; court below, No. 55 September Term 1885, C. P. On June 10, 1885, a scire facias to revive, etc., was issued by “ Annie J. Kincade, now Annie J. Cunningham,” against Wm. Cunningham, upon a judgment for $1,000 entered on March 18, 1883, to No. 124 March Term 1883, upon a note with warrant of attorney of same date and amount, executed by Wm.
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ERROR TO THE COURT OE COMMON PLEAS OE INDIANA COUNTY. No. 244 October Term 1887, Sup. Ct.; court below, No. 55 September Term 1885, C. P. On June 10, 1885, a scire facias to revive, etc., was issued by “ Annie J. Kincade, now Annie J. Cunningham,” against Wm. Cunningham, upon a judgment for $1,000 entered on March 18, 1883, to No. 124 March Term 1883, upon a note with warrant of attorney of same date and amount, executed by Wm. Cunningham in favor of Annie J. Kincade, payable in five years.. On July S, 1885, an affidavit of defence was filed, which set forth: That the note upon which the…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
This was a scire facias sur judgment in the usual form to revive and continue the lien. The writ warned the defendant *506to show cause, if any he had, why the original judgment standing in full force upon the records of the Court of Common Pleas of Indiana county should not be revived and its hen continued. If the consideration of the judgment had failed, or he had a defence growing out of the original equities .to a part or all of the sum for which it was entered, it was his privilege to make application to the court to open it, and permit him to defend on original…
2Cases cited1 opinion
- Rose v. LatshawSupreme Court of Pennsylvania · 1879
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