Eldred v. Hazlett's Administrator
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county. This was an issue tried in the court below, where a judgment, in which M. Eldred, Jr., for the use of Patricks & Friend and now for the use of Mrs. Ann Patrick, was plaintiff, and James Murray, administrator de bonis non of Dr. Robert Hazlett, was defendant, had been opened and the defendant let into a defence. The case was this.
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Error to tbe District Court of Allegheny county. This was an issue tried in the court below, where a judgment, in which M. Eldred, Jr., for the use of Patricks & Friend and now for the use of Mrs. Ann Patrick, was plaintiff, and James Murray, administrator de bonis non of Dr. Robert Hazlett, was defendant, had been opened and the defendant let into a defence. The case was this. On the 24th of June 1852, the defendant’s intestate gave his judgment-bond to M. Eldred, Jr., the legal plaintiff, in the penal sum of $16,000, -conditioned for the payment of $8000 with interest from date, in eighteen…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— 1. The first assignment of error is to the action of the court in opening the judgment for want of appearance in No. 599 of November Term 1859, being a judgment on a sci. fa. de novo quare ex. non in this case. Opening judgments is usually matter of discretion; but if it were not so, we could not correct the error here, for the record in that case is not before us. No other answer is needed to this assignment.
2 and 3. The revival of the original judgment- is but a continuation of it. In form the proceeding by sci. fa. is a distinct…
2Cited by7 opinions
- Green Ridge Bank v. EdwardsSuperior Court of Pennsylvania · 1977
- Davis v. DavisCourt of Appeals for the Fourth Circuit · 1909
- Shearer v. NaftzingerSuperior Court of Pennsylvania · 1998
- Frill v. FrillSupreme Court of Pennsylvania · 1946
- Farling v. UrichSuperior Court of Pennsylvania · 1924
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